(영문) 부산지방법원 2018.07.20 2018노1113 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.07.20 2018노1113

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, or 11 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (i.e., imprisonment for a period of one year and six months, evidence 1, 2, and 11) is too heavy or too low (the Defendant).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The crime of Bosing is committed in a systematic, planned, and intelligent manner, and social harm is very high, and even if part of the crime is involved because it is difficult to arrest the entire organization, it is necessary to severe punishment, and the defendant plays an essential role in withdrawing cash in the crime of Bosing.

However, considering the defendant's age, sex, environment, motive and circumstance of the crime, motive and consequence of the crime, circumstances after the crime, etc., the court below's punishment is unreasonable because it is unreasonable if it is considered that the defendant's punishment is unfair. It is reasonable for the court below to consider the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and result of the crime, etc.

The defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision is rendered again after pleading (inasmuch as the appeal by the prosecutor is rejected but the decision of the court below is reversed by accepting the defendant's appeal, the prosecutor's appeal shall not be dismissed separately from the order). 【The decision to be used again is identical to the facts constituting the offense and the summary of evidence recognized by the court as stated in the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance

Application of Statutes

1. Criminal facts;

유사 판례

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