(영문) 부산지방법원 2017.11.02 2017노1755 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.11.02 2017노1755

사기등

Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible and unfair for the prosecutor, as it is too unfasible to the punishment sentenced by the court below (two years of suspended execution in prison in October, and one hundred and twenty hours of community service order).

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 court 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). The lower court determined a sentence against the Defendant by comprehensively taking into account the favorable circumstances, such as the following: (a) the Defendant was unaware of the amount; (b) the Defendant’s perception of and against the Defendant’s criminal act by forging a letter of performance in the name of the victim; and (c) the Defendant’s recognition of and against the criminal act; and (d) the fact that part of

In addition, the circumstances alleged by the Defendant and the Prosecutor on the grounds of appeal appear to have been already considered in the above sentencing process of the lower court, and there is no new change in circumstances that make it possible for the lower court to change the sentence in the trial.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, sex, and environment, and the scope of the recommended punishment according to the sentencing guidelines as shown in such circumstances and the hearing of the lower court and the party, the lower court’s sentence cannot be deemed to be excessive, too heavy, or unreasonable by putting too heavy, in light of the scope of discretion.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조판례

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

유사 판례

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