logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.09.13 2018노789
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

The judgment below

The part of the compensation order shall be revoked.

The defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair sentencing)’s punishment (one year and four years of imprisonment) is too unreasonable.

B. Prosecutor 1) The judgment of the court below that dismissed the indictment on this part of the facts charged even though the victim F did not have the time limit for accusation by misunderstanding the legal principles, is erroneous in the misapprehension of legal principles.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. The lower court rejected the Prosecutor’s assertion of misapprehension of the legal doctrine on the prosecutor’s assertion of misapprehension of the legal doctrine by clearly explaining the part on “2. Judgment” among the dismissal part of the indictment.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and it is not sufficient to reverse the judgment of the court below even considering the circumstances alleged by the prosecutor in the trial as well as the circumstances alleged by the prosecutor. Thus, the court below's dismissal of this part of the charges is just and there is no error of law by misunderstanding legal principles, which affected the conclusion of the judgment.

B. In full view of the factors indicated in the record of the instant case’s judgment on the wrongful argument of sentencing by the Defendant and the Prosecutor, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various sentencing grounds asserted by the Defendant and the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentence should be changed.

Therefore, the above unfair sentencing argument by the defendant and the prosecutor is without merit.

(c)

The judgment below

Where an appeal is filed against a conviction of ex officio judgment on the part of the compensation order, the compensation order shall be transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and even where the judgment of the court below is maintained at the appellate court, the order for compensation may be revoked or revised (Article 33(4) of the same Act), and the above part shall be examined ex officio.

An order for compensation.

arrow