logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.28 2018노2896
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the Defendant’s mistake is divided, that the Defendant agreed with the victim E, that part of the money was deposited to recover the damage of the victim H, and that the crime of this case is one of the concurrent crimes with the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case should be considered at the same time in accordance with Article 39(1) of the Criminal Act in relation to the concurrent crimes of the group after Article 37 of the Criminal Act.

However, considering the fact that the nature of the crime of this case is not good, that the defendant committed the crime of this case again even if he had been tried for the same kind of crime, and that there is no complete recovery or agreement with the victim H up to the trial, the balance of sentencing with the same crime, the defendant's age, sex and environment, motive, means and consequence of the crime, and various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, it is not deemed unfair because the court below's punishment is too unreasonable. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow