logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.04.18 2013노57
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment imposed by the court below (two months of imprisonment) is too unreasonable, and against this, the summary of the grounds for appeal by the prosecutor is that the punishment imposed by the court below is too uneasible and unfair.

In light of the fact that not only the defendant's attitude of committing the crime of this case is very poor, but also the defendant's failure to recover from damage even though the amount exceeds 30 million won, it is reasonable to punish the defendant strictly.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake in depth; (b) the Defendant could have been tried along with the fraud of the final judgment, such as the first head of the criminal facts, at the time of original judgment; (c) the Defendant had no power to commit any crime other than the criminal records of the final judgment; (d) the lower court has already rendered a sentence in consideration of the Defendant’s favorable or unfavorable circumstances; and (e) there was no special change in circumstances or circumstances that may be considered in sentencing; and (e) the lower court did not change the Defendant’s age, character and behavior, environment, motive, means, means, and consequence of the instant crime; and (e) other circumstances that form the conditions for the pleadings and the sentencing specified in the records, such as the Defendant’s age, character and behavior, environment, motive, means, and consequence after the commission of the crime, even if

Therefore, the defendant and prosecutor's argument are without merit.

Therefore, 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.

arrow