(영문) 광주지방법원 2019.09.26 2019노1494 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.09.26 2019노1494

사기미수방조

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. 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 court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The court below determined a punishment against the defendant in consideration of the circumstances favorable to the defendant, such as the following: (a) the crime of this case was committed in a systematic and planned manner against many unspecified persons; (b) the nature of the crime is very bad; (c) the social harm therefrom is serious; (d) the crime of this case was artificially intelligent as provided by the Act on the Number of Crimes; and (e) the crime was carried out in a variety of participants’ participation; (b) the role of collecting cash by the defendant is essential for the completion of the crime of Bosing and the realization of profit; and (c) the degree of participation is not easy; and (d) the defendant appears to have entered the Republic of Korea for the purpose of committing the crime; (e) the defendant led to the confession of the crime of this case; (e) the crime of this case was attempted; and (e) the defendant did not incur monetary damage to the victim; and (e) the defendant did not have any force to be punished in Korea.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and the defendant’s age, character and conduct, motive of the crime, circumstances after the crime, etc., and the sentencing guidelines for the Supreme Court’s sentencing committee established, etc. are deemed to have exceeded the reasonable scope of discretion because the court below’s punishment is too excessive or too heavy.

참조판례

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

유사 판례

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