logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.09.26 2019노238
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) set by the court below are deemed to be too unhued and unfair.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances indicated on the grounds of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015) including the following: (a) the circumstance in which the lower court was based on sentencing (i.e., the fact that the number of victims was extremely poor; (b) the victims have repeatedly committed a crime; (c) the extent of damage is reasonable; and (d) the fact that the victims have failed to take advantage of the records and arguments of this case; and (d) all sentencing conditions (e.g., equity in cases where the amount acquired by the victim B is less than KRW 120,000,000; and (e) the amount of damage not recovered due to the Defendant’s repayment is 70,000,000 won due to the reasons for appeal; and (e) the Prosecutor’s allegation that the Defendant did not appear on the date is unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow