(영문) 부산지방법원 2019.07.18 2019노1156 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.07.18 2019노1156

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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.

(2) According to the reasoning of the lower judgment, the lower court determined punishment on July 23, 2015, by taking account of the following: (a) there was no significant penalty force that exceeds the same criminal power or fine; (b) the victims of fraud have agreed to the Defendant; (c) the instant crime was committed in a planned and systematic manner against many and unspecified persons; and (d) the nature of the instant crime is not good; and (c) there is no good reason to punish the participants in the instant crime; and (d) the Defendant was strictly punished in light of the harmful effects of the instant crime; (c) the Defendant was involved in the instant crime by manipulating the phone number of a foreign call organization with the domestic mobile phone number; and (d) there was no new circumstance to change the sentence of the lower court in the trial.

Considering the aforementioned circumstances, comprehensively taking into account various sentencing conditions, including the Defendant’s age, criminal records, character and conduct, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is carried out within the reasonable scope of discretion, and it cannot be deemed that it is too heavy or too unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with 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

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