(영문) 부산지방법원 2018.07.20 2018노1704 | 리걸엔진

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(영문) 부산지방법원 2018.07.20 2018노1704

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a year and six months of imprisonment, the applicant I, J, L, M, and N) is too heavy or too harsh (a prosecutor).

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

If there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is the first offender who has no record of criminal punishment before the instant case, the recognition of each of the instant crimes is against the Defendant, and the repayment of KRW 8.4 million to the victim BP is favorable.

However, each of the crimes of this case is unfair in the following circumstances: (a) the Defendant, in collusion with the co-defendants of the court below, acquired money exceeding KRW 21 million against many victims; and (b) the Defendant, alone or the co-defendants of the court below, acquired money exceeding KRW 162 million with other accomplices other than the Defendant’s co-defendants of the court below; and (c) in light of the criminal period, the method of crime and the size of the amount of defraudation; (d) most of the damages have not been recovered, except repayment of the above KRW 8.4 million; and (e) the Defendant’s payment of the money acquired through deception was not recovery; and

In light of all the above circumstances, the lower court determined a sentence, and there is no change in the conditions of sentencing compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial after the sentence of the lower judgment.

In addition, considering the Defendant’s age, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, it cannot be deemed that the Defendant’s punishment is too heavy or unreasonable.

The argument that the sentencing of the defendant and the prosecutor is unfair is all.

참조판례

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

유사 판례

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