(영문) 수원지방법원 2017.01.25 2016노8295 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.01.25 2016노8295

사기등

Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A (one year and two months of imprisonment) by the lower court is too unreasonable.

B. The sentence of the lower court (Defendant B: a fine of KRW 3 million) against the Defendants by the prosecutor is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the grounds for appeal, 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). In such a case, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials for sentencing have not been submitted at the trial court, and circumstances in which Defendant A and the prosecutor alleged for each reason for sentencing have already been reflected in the grounds for sentencing of the lower court. In full view of the various circumstances, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentencing with Defendant A is too excessive, or the lower court’s sentencing with respect to the Defendants is too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, Defendant A and Prosecutor’s assertion are without merit.

3. Where an appeal is filed against a judgment of conviction on the part of the order for compensation, the order for compensation shall be transferred to the appellate court along with the case of the defendant (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit). According to the records, the defendant A filed an appeal against the judgment of conviction. However, although the defendant A filed an appeal against the judgment of conviction, the petition of appeal and the reasons for appeal submitted by

Even if ex officio examination is conducted, the grounds for cancelling or amending the compensation order part of the judgment below may not be found.

Therefore, the judgment of the court below on the compensation order is maintained.

4. In conclusion, Defendant A and the Prosecutor’s appeal against the Defendants respectively.

참조판례

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

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