(영문) 부산지방법원 2018.05.31 2018노207 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.05.31 2018노207

사기

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the order of medical treatment) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant committed a fraud by an in-service act on the basis of an in-service type three occasions. The Defendant committed a crime by an in-service type. The period of punishment for the same crime is 17 times (the nine times of imprisonment, the suspension of the execution of imprisonment, and the seven times of fines), and each of the crimes in this case is highly likely to repeat a crime by committing a second offense immediately after being arrested of a flagrant offender and investigated.

However, the total amount of damages caused by each of the instant crimes is not more than 4.80,00 won, and the circumstances alleged by the prosecutor on the grounds of appeal appear to have been considered in the sentencing process of the lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, circumstances after the commission of the crime, and health conditions (e.g., proof of alcohol) revealed in the deliberation of the lower court and the lower court, the sentence imposed by the lower court cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair due to excessive unhurding.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

참조판례

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

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