(영문) 부산지방법원 2018.03.29 2017노4802 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.03.29 2017노4802

사기

Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant on a total sum of 39,40,000 won from the injured party, and the criminal liability is grave in light of the content of the crime, and the circumstances unfavorable to the Defendant, such as not yet agreed with the injured party, are recognized.

However, when the defendant was found to have been guilty, the defendant made a confession of the crime of this case and made a mistake against the defendant, and the defendant is the first offender and is not healthy due to brain color, etc., and the circumstances favorable to the defendant are also recognized.

On the other hand, under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists a unique area of the first instance court's sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the court's punishment against the defendant is too unfavorable or too unreasonable, taking into account all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, and environment, etc.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조판례

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

유사 판례

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