(영문) 부산지방법원 2018.11.16 2018노2723 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.11.16 2018노2723

사기

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). It is more favorable for the Defendant to recognize the instant crime and reflect it, the Defendant has no record of punishment for committing a crime exceeding the same kind and fine, and the fact that the Defendant has repaid a considerable amount of damage.

However, the crime of this case is committed by the Defendant by deceiving the victim who made a friendly appearance and lending the credit card from the Defendant, and it is not good to commit the crime in light of the amount of damage, etc., and the victim seems to have suffered a considerable mental suffering as well as economic damage. Nevertheless, the fact that the Defendant did not receive a letter from the victim is disadvantageous.

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, comprehensively considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s sentencing is determined to be appropriate, and it does not seem unfair by excessively exceeding the reasonable scope of discretion.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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-부산지방법원 2018.07.27 2018노1217

-수원지방법원 2018.09.20 2018노4738

-부산지방법원 2016.07.14 2016노1411