logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.07.12 2017노3879
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is deemed to be too unhued and unreasonable.

2. Of each of the crimes in this case, the amount of fraud by fraud is not so significant, and the degree of injury to the victim by the crime in this case is not somewhat weak, and the defendant's liability for the crime is minor.

It can not be seen, there is a record that the defendant has been punished several times for the same crime, and in particular, the injury crime committed without being aware of the fact that the defendant was being tried for the preceding crime of fraud, and the fact that the victim of the fraud did not agree with the victim of the crime of fraud is disadvantageous.

On the other hand, the fact that the defendant partially recognized the defendant's mistake and reflects it, and that the victim of the crime of fraud was distributed about KRW 30 million through an auction on the real estate owned by the defendant with which the right to collateral security was established, there are some circumstances to consider the circumstances leading to the crime of injury, and that there was no record of punishment exceeding a fine exceeding around 30 years since 1986, and that there was no record of punishment exceeding a fine exceeding 30 years.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow