(영문) 대구지방법원 2017.04.20 2016노5689 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.04.20 2016노5689

사기

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (2 months of imprisonment with prison labor for the crime No. 3 of the lower judgment, and 10 months of imprisonment with prison labor for the remaining crimes) is too unreasonable.

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

2. We also examine the judgment prosecutor and the defendant's respective arguments on sentencing.

The lower court sentenced the above punishment by taking into account the following circumstances: (a) the Defendant committed a crime again from the time when the Defendant was sentenced to a final judgment due to the same crime; (b) the Defendant committed a crime against unspecified or many victims; (c) the fact that the Defendant was under suspension of execution; (d) the Defendant’s sexual intercourse; (e) the Defendant recovered from a considerable number of victims; and (e) the victims have expressed their intention to punish; (e) the Defendant was making a constitutional effort of the mother to recover damage to the majority victims; (e) the fact that the compensation was solid; and (e) some of the crimes were crimes committed before the final judgment.

In full view of the circumstances that take into account the unfavorable circumstances as above, the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, means and consequence, circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be deemed too somewhat less or unreasonable, and thus, each of the unfair arguments of sentencing by the prosecutor and the Defendant is without merit.

3. If so, the appeal by the public prosecutor and the defendant is without merit. Thus, all of the appeals by the public prosecutor and the defendant are made under Article 364(4) of the Criminal Procedure Act.

참조판례

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

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