(영문) 부산지방법원 2017.03.17 2016노3903 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.03.17 2016노3903

사기등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (6 million won) is too unreasonable.

B. Each sentence (Defendant A: a fine of 6 million won, Defendant B: a fine of 3 million won) declared by the prosecutor by the court below is too uneased and unreasonable.

2. It is recognized that Defendant A and the Prosecutor’s each argument about the unfair sentencing of the sentencing of Defendant A were examined together, that Defendant A had been sentenced to a fine and a suspended sentence for a total time, and that Defendant A had the same record of being punished several times as the same crime, and that Defendant B committed each of the instant crimes without being aware of the period of suspended execution due to this type of crime, and that Defendant B had the record of fine and a suspended sentence for several times, and that there was a record of being punished as the same crime.

However, considering all of the sentencing conditions indicated in the pleadings of this case, such as the confession of all the crimes, the defendants' mistake is divided into the victim D and F at the investigative agency, the fact that the defendant agreed with the victim G at the court below, the amount of damage is small, the defendants' age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the sentence imposed by the court below against the defendant A cannot be deemed to be deemed to be adequate, too heavy or too unreasonable, and it is not deemed to be unfair because the punishment imposed by the court below against the defendant B is too small, and it is not recognized to be unfair because the punishment imposed by the court below against the defendant B is too small.

Therefore, each of the defendant A and prosecutor's arguments is without merit.

3. In conclusion, the appeal by Defendant A and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by Defendant A and the prosecutor are without merit. It is so decided as per Disposition.

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