(영문) 부산지방법원 2018.12.13 2018노3627 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.12.13 2018노3627

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserted that the defrauded amount is not KRW 19 million but KRW 17 million, but the Defendant’s assertion of mistake was withdrawn on the second trial date.

The punishment of the court below against the defendant (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order 160 hours) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, and that the defendant has no record of crime exceeding the fine.

However, the crime of this case is deemed to be unfair by taking into account the following circumstances: (a) the Defendant, who imported leisure goods from the victim in China and obtained them from the victim without intention or ability to sell them; (b) in light of the content of the crime, the criminal liability is heavy; (c) the Defendant was unable to recover the damage to the victim for more than two years; (d) the Defendant did not make any effort to recover the damage; (e) the Defendant had the records of the same crime; and (e) other circumstances giving the conditions for sentencing specified in the argument of this case, such as the Defendant’s age, sexual behavior, environment, etc., the sentence of the lower court against the Defendant is too too unreasonable, rather than unfair.

Therefore, the prosecutor's improper argument of sentencing is justified, and the defendant's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows. However, as long as the prosecutor’s appeal is reversed on the grounds of the prosecutor’s appeal, it does not dismiss a separate defendant’s appeal. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the court below’s decision

참조조문

-형사소송규칙 제25조 제1항

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