logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.09.24 2013노376
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the lower court’s punishment (700,000 won).

2. The fact that the Defendant made a confession and reflects on the instant crime, that the defrauded is a relatively small amount, that the victim does not want the punishment of the Defendant, and that it is necessary to consider equity in the case of being sentenced together with the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the first head of the lower judgment.

However, the Defendant, who was sentenced to imprisonment with prison labor for three years and six months for the crime of bodily injury resulting from robbery, committed the instant crime as long as it had not been passed since the execution of the sentence was completed on May 15, 2011, and had the record of criminal punishment several times for the same kind of crime, and thus, the Defendant’s assertion that the Defendant’s punishment imposed by the lower court is within the proper scope of sentencing. Thus, the Defendant’s assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the part of the judgment of the court below that "the defendant was sentenced to imprisonment for one year and six months with prison labor for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the case of Gu Government District Court 2012No1387, and the above judgment became final and conclusive October 19, 2012" is that "the defendant was sentenced to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., at the Gu Government District Court on October 11, 2012 and revised to "the judgment became final and conclusive on October 19

arrow