(영문) 부산지방법원 2017.08.24 2017노2198 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.08.24 2017노2198

사기

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 (one year and two 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 circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, and that the defendant agreed with the victim H and the victim does not want the punishment of the defendant.

However, the crime of this case is deemed to have been committed by the defendant by deceiving the victims and by deceiving them with KRW 110 million, and the criminal liability is significant in light of the content of the crime and the amount of the fraud, the defendant has been punished several times in the same crime, and the defendant committed the crime of this case again during the period of repeated crime due to the same crime, and the victim has failed to agree with the victim C, and the victim has suffered a serious pain due to the crime of this case and has committed a severe punishment against the defendant.

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, where there exists an area unique to the first instance court's determination of sentencing, 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 unfair or unfair because the court's punishment against the defendant is too uneasible or too unreasonable, considering all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.

참조판례

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

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