(영문) 부산지방법원 2015.10.15 2014노4254 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.10.15 2014노4254

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the sentencing of the court below (ten months of imprisonment) is too unreasonable, and the prosecutor asserts that the above sentencing of the court below is too uneasible and unfair.

2. On the argument of unfair sentencing by the Defendant and the prosecutor, the Defendant committed the instant crime at the same time despite the fact that the Defendant had been sentenced to punishment for the same kind of crime before, and the Defendant had committed the instant crime; the Defendant did not agree with the victims even in the name of approximately KRW 40,000,00 in total; the Defendant’s statement that the Defendant committed the instant crime at an unfavorable circumstance against the Defendant; the Defendant expressed that his mistake is against the victim’s depth while making a confession of all the instant crime; the Defendant deposited the amount of damage to the victim C at the trial; the Defendant deposited the amount of damage to the victim M at the trial; the Defendant’s act of fraud against the victim C was returned; the Defendant was expected to have a child who had to support the Defendant, and the Defendant was expected to have difficulty in fostering his child if a sentence was imposed; the circumstances favorable to the Defendant, the motive and circumstances of the instant crime; the Defendant’s age after the instant crime; the Defendant’s records and circumstances; and the circumstances indicated in various circumstances in the sentencing of the instant case.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(2) In the event that an appeal by a public prosecutor is groundless, but the original judgment is reversed by accepting the appeal by the defendant, the appeal by the public prosecutor shall not be dismissed separately from the order of the original judgment). Criminal facts and summary of evidence are facts constituting the defendant

참조조문

-형사소송법 제364조 제6항

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