(영문) 광주지방법원 2019.07.18 2019노1020 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.07.18 2019노1020

사기등

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 (three years of imprisonment, confiscation, and return) 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 lower court determined a punishment against the Defendant by taking into account favorable circumstances, such as the following: (a) the nature of the offense is very poor; (b) the personal and social harm is serious; (c) the Defendant’s criminal act constitutes a means to realize the benefit of the offense; (d) the Defendant continues to commit the offense for a short period of time; (e) the amount of damage of the victims indicted has reached KRW 85,40,000; and (e) the victims have not recovered from the injury; and (e) the Defendant led to the confession of the offense and the mistake; and (e) the Defendant has no record of punishment in Korea.

C. Based on the legal principles as seen earlier, 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., as well as the sentencing guidelines for the Supreme Court to establish the sentencing committee, etc. do not seem to have exceeded the reasonable scope of discretion because the lower court’s punishment is too excessive or too heavy.

Therefore, the defendant and prosecutor's argument of unfair sentencing cannot be accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

참조판례

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

유사 판례

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