(영문) 부산지방법원 2016.02.05 2015노4571 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.02.05 2015노4571

사기등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

Reasons

1. The court below's scope of trial in this case dismissed the public prosecution against the defendant among the facts charged in this case, and sentenced him to the remaining facts charged, and appealed only against the defendant on the ground that the sentencing was unfair. The part of the court below's dismissal of the public prosecution in the judgment below is dismissed (see Supreme Court Decision 2007Do6793, May 15, 2008, where the defendant did not have the right to appeal since he did not have the right to appeal as to the dismissal part of the public prosecution in this case). The dismissal part of the court below's dismissal of the public prosecution is excluded from the object of trial in this court.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

3. Considering the fact that the Defendant committed the instant crime in the form of deception by deceiving the victim E, thereby acquiring pecuniary advantage equivalent to KRW 9,500, and by assaulting the police officers H and P, dispatched upon receiving 112 reports, thereby obstructing the legitimate performance of duties by the said police officers, in light of the relevant criminal law and the content, etc., the crime is not deemed to have been committed, and the Defendant committed the instant crime even though he/she had the record of criminal punishment of fines three times due to the crime of obstructing or insulting the performance of official duties, it is necessary to impose strict liability corresponding to the Defendant.

I see that it is.

However, it seems that the Defendant led to the entire confession of the instant crime and reflects the victim E in depth, and that the lower court agreed to the Defendant’s mistake, and that the Defendant deposited KRW 1 million each of the police officers H and P as a person who was the principal of the Defendant, and that the degree of assault against the Defendant’s above police officers is relatively significant.

유사 판례

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