(영문) 창원지방법원 2015.12.16 2015노2205 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.12.16 2015노2205

사기

Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

2. A prosecutor;

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment (one year of imprisonment) sentenced to the above Defendant is excessively unreasonable.

B. The prosecutor (the defendant A) sentenced by the court below to the defendants (the probation period of two years in six months of imprisonment and the community service order of one hundred and twenty hours in 120 hours) is deemed unreasonable.

2. We examine each of the Defendants’ respective arguments on unfair sentencing against Defendant B and the Prosecutor.

In light of the background of each of the crimes of this case and the amount of damage, etc., the defendants' liability for the crime is not good, the unrefised damage is considerable, and the agreement with the victim is not reached. Defendant B has been punished several times due to the same or similar crimes in the past. Defendant B committed the crime of this case even though he had been in the period of suspension of execution due to the crime of forging private documents, and the victim wanted the strict punishment of the defendants in the court below and the court below.

On the other hand, the defendants confession and reflect, and the defendant A paid 2 million won out of 17,280,800 won by defraudation to the victim at the court below. The defendant B deposited 20 million won in the court below among the 77,100,000 won by defraudation, and 8 million won in the court below, and the defendant A was the first offender.

Considering the above circumstances and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (from June to June of each year), and other conditions of sentencing as shown in the records and arguments of this case, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below to Defendant A cannot be deemed as unfair because it is too unreasonable, but the sentence imposed to Defendant B is somewhat unreasonable.

Therefore, Defendant B’s assertion of unfair sentencing is reasonable, but the prosecutor’s assertion of unfair sentencing against the Defendants is without merit.

3. Conclusion, Defendant .

유사 판례

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