(영문) 부산지방법원 2018.05.31 2018노515 | 리걸엔진

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Reasons

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(영문) 부산지방법원 2018.05.31 2018노515

병역법위반등

Text

Defendant

All appeals by prosecutors are 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. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the defendant as a social service personnel for 8 days without any justifiable reason while serving as a social service personnel, and by deceiving the victims and deceiving them with an amount equivalent to 4.80,00 won, and in light of the content of the crime, the liability for the crime is not easy, the defendant has been punished as a crime of fraud several times, and the crime of this case is committed again during the suspension period of the execution of the crime of this case.

However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, that the defendant fully repaid the amount of damage to the victims of the crime of this case, and that the defendant's family members want to take the action against the defendant.

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.

In addition, the court below's sentencing takes place within the reasonable scope of discretion, and it is appropriate that the court below's punishment is too heavy or it is alleged by the prosecutor as the defendant's assertion.

참조판례

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

유사 판례

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