logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.11.22 2017노2879
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The circumstances are favorable for the following: (a) the Defendant recognized the instant crime; (b) the victim appears to have repaid the amount of KRW 7.5 million to the victim; and (c) the fact that there is a family member to support the instant crime at the same time with the final judgment in the judgment of the lower court,

However, the crime of this case is an unfavorable circumstance, such as the fact that the defendant repeatedly obtained money by taking advantage of the trust relationship with the victim, and the nature of the crime is not good, the amount of damage is considerable, and the victim was unable to agree with the victim, and the victim is trying to punish the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

arrow