(영문) 서울중앙지방법원 2019.07.11 2019노1229

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크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.07.11 2019노1229

사기

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Unless the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or the first instance court’s determination of sentencing is deemed to be unreasonable in full view of the newly discovered materials in the appellate court’s appellate court’s determination of sentencing, it is reasonable to respect the first instance court’s determination of sentencing, unless there exist circumstances such as deeming that it is unfair

(2) In light of the aforementioned legal principles, the lower court’s sentencing conditions cannot be deemed to have been significantly weak or excessively exceeded the reasonable scope of discretion by taking full account of the following factors: (a) the Defendant’s failure to submit new sentencing data in the instant appellate trial based on the foregoing legal doctrine; (b) the Defendant committed the instant crime in a planned manner by abusing the problems of the agreement on commission of the insurance business sector; (c) the amount equivalent to the amount of damage was paid to maintain the insurance contract; and (d) the Defendant did not acquire the full amount of damage with profits; and (c) the Defendant did not have the same criminal history; and (d) the Defendant did not have the same criminal history; and (e) the Defendant’s age, character and conduct, environment, family relationship, details and method of the instant crime; and (e) the circumstances after the crime.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is

참조조문

-형사소송법 제364조 제4항

참조판례

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

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