(영문) 부산지방법원 2018.04.20 2018노547 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.04.20 2018노547

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that: (a) the Defendant and the Prosecutor’s respective unfair arguments on sentencing together with each other; (b) the Defendant led to the confession of all the crimes and divided his mistake; (c) the victim E and P agree with the victim; and (d) the victim M recovered the damaged vehicle.

However, the defendant not only has been punished several times for the same type of fraud, but also commits each of the crimes of this case without being aware of the period of suspension of execution due to fraud, and at the same time, it does not seem that the sentence imposed by the court below is appropriate in light of all of the sentencing conditions and the recommended sentencing range of sentencing guidelines set forth in the argument of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., and the punishment of the defendant is too heavy or too unreasonable because it is too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That since it is evident that the portion of "criminal records" in the judgment of the court below, the summary of evidence column, and the concurrent criminal treatment column in the application of the statutes was added to each error, it is obvious that it is added to each error, it is corrected to delete it ex officio

참조조문

-형사소송규칙 제25조 제1항

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