(영문) 수원지방법원 2018.04.13 2017노9363 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.04.13 2017노9363

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was physically and mentally weak due to mental disorder, etc.

B. The sentence of the lower court (one hundred thousand months of imprisonment and a fine of KRW 300,00) is too unreasonable.

2. Determination

A. In light of the background leading up to each of the instant crimes, the means and method of committing the crime, and the Defendant’s speech and behavior before and after the commission of each of the instant crimes, the judgment of the lower court on the assertion of mental and physical weakness was in a state that the Defendant had the ability to discern things or make decisions due to mental disorder, etc., which was found at the time of each of the instant crimes.

It is difficult to see it.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The circumstances favorable to the Defendant are that the Defendant agreed to the victims of the crime of fraud and interference with the business of this case and that the victims of this case did not want the punishment of the Defendant.

On the other hand, the Defendant had a record of criminal punishment for multiple times due to the same crime, and was sentenced to a fine several times during the period of each suspended sentence, and committed each of the crimes of this case again during the suspended sentence period. In particular, the Defendant committed the crime described in paragraph (2) of the judgment of the court below immediately following the date he was arrested as a flagrant offender due to the crime described in paragraph (1) of the judgment of the court below, and the Defendant appears not to have agreed with the victims of each of the insult crimes of this case.

Considering the above circumstances and the Defendant’s age, family relations, sex conduct, environment, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

3. Conclusion.

유사 판례

-수원지방법원 2018.04.27 2018노1522

-수원지방법원 2018.08.31 2018노3773

-서울중앙지방법원 2017.06.15 2016노5231

-창원지방법원 2018.06.14 2018노773

-인천지방법원 2017.03.31 2017노264