logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.02 2016노395
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The defendant did not submit a written reason for appeal within the statutory period.

The sentence (two years of probation, one year of protection observation, and 80 hours of community service order in the six months of imprisonment) imposed by the public prosecutor by the court below on the defendant is too uneasible and unfair.

Judgment

The Defendant, on February 11, 2016, filed an appeal against the lower judgment on February 11, 2016, and received a notice of receipt of the record of trial from the lower court on March 4, 2016, but failed to submit a statement of reasons for appeal within 20 days, which is the period for submission of a legitimate reason for appeal from the said court. The petition of appeal does not indicate the reasons for appeal (Provided, That the Defendant was present on the date of the first trial of the first instance trial and stated the reasons for appeal as unfair sentencing only), and there is no reason for ex officio examination on the record.

Therefore, the Defendant’s appeal should be dismissed in accordance with Article 361-4(1) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201).

However, there is no history of criminal punishment, and as alleged by the prosecutor, it is difficult to see that the defendant organized the name of the defendant to receive the payment from the beginning and organized the system. The substantial damage amount of each victim of this case is very large.

It is also difficult to see it.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the prosecutor’s assertion is without merit, as it is too unreasonable for the lower court’s sentence to be imposed against the Defendant.

arrow