(영문) 전주지방법원 2017.04.26 2016노986 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 2017.04.26 2016노986

사기등

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the deliberation of the first instance regarding the determination of sentencing, and the fact that the appellate court’s ex post facto heart character, etc., it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already launched in the proceedings of the oral argument by the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, and the Defendant is in depth against the Defendant, and the Defendant would not influence such a mistake again.

In full view of the following facts: (a) the Defendant is making efforts to recover damage by agreement with most victims or recovering damage; (b) the Defendant’s mother is leading the Defendant; (c) the Defendant’s mother wants to take the Defendant’s guidance; (d) there is no record of punishment exceeding the fine imposed on the Defendant; and (e) other various sentencing conditions specified in the instant records and arguments, including the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and background, means and consequence of the crime; and (e) circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

참조판례

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

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