(영문) 대구지방법원 2016.12.23 2016노4009 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.12.23 2016노4009

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The three-year imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the defendant and prosecutor, in light of the following facts: (a) the method of the defendant and prosecutor’s respective allegation of unfair sentencing is becoming more complicated and the damage is growing, it is necessary to punish strictly the persons who participated in the crime; (b) the total amount of damage of this case is an amount equivalent to KRW 24.7 million; (c) but on the other hand, the defendant acknowledges all the facts charged in this case and reflects his mistake in depth; (d) the degree of the defendant's participation in the crime of this case does not appear to be significant; and (e) the defendant's personal acquisition of the amount by the crime of this case is deemed not to have increased (see, e.g., Supreme Court Decision 41,50, 173, 208, etc. of evidence record No. 1). In particular, the defendant reached a trial at the court of first instance only with the victim G, M, a criminal record exceeding the same kind or fine; and (e) the defendant's personality and conduct, family relationship, and circumstances after the crime of this case are without merit.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately.” The gist of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below.”

The laws and regulations;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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