(영문) 인천지방법원 2016.11.25 2016노3400 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.11.25 2016노3400

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for up to eight months.

However, this decision is delivered to the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (two years of suspended sentence in August, 200, 80 hours of probation and community service order, Defendant B, and 8 months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below to Defendant B is too unhued and unreasonable.

2. We examine both the Defendants and the Prosecutor’s assertion.

On the other hand, each of the crimes of this case was committed by the defendants jointly or jointly by the defendant B by deceiving the victim under the pretext of investment, and it was considerably poor in the nature of the crime in light of the background, method, scale, etc. of the crime, and the defendant A committed the crime of this case without being aware of it during the suspension period of execution due to fraud. However, the defendants recognized the defendants' mistake as a punishment punishment and reflect it as a punishment, and the defendants do not want the punishment against the defendants. The defendants B did not have any record of criminal punishment beyond the punishment of the same crime, and there was no other record of criminal punishment beyond the punishment of the same crime, and all of the conditions of the sentencing of this case, including the defendants' age, character, environment, family relation, family relation, motive, means and consequence, size, degree of participation in the crime, equity in punishment among the accomplices, circumstances after the crime, etc., the judgment of the court below which sentenced the defendants to the punishment of this case is unfair.

3. According to the conclusion, the judgment of the court below shall be reversed for all of the defendants' appeals pursuant to Article 364 (6) of the Criminal Procedure Act, and the prosecutor's appeal shall not be justified, but since the defendant B's appeal and the subject of appeal are the same and the judgment of the court below shall be reversed based on the defendants' appeal, the prosecutor's appeal shall not be dismissed separately.

참조조문

-형사소송법 제364조 제6항

유사 판례

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