logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.29 2017노3391
조세범처벌법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the Defendant to one year of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

The sentencing judgment of the court below exceeded the reasonable bounds of discretion in full view of the following: (a) the conditions for sentencing in the trial; and (b) the fact that no agreement has been reached with the victims of the crime of fraud until now; and (c) the sentencing guidelines, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, even if it is deemed unfair after considering the circumstances after the instant crime, Defendant’s age, sexual conduct, family relationship, etc.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

However, the lower court’s judgment on March 5, 2013, “C. 13,238,200 won” in the third 13th 13 parallels is apparent that it is a clerical error in the “C. 5, 238,200 won and KRW 8,819,200 on March 5, 2016,” and thus, ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

arrow