logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.22 2018노1322
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is that the defendant’s punishment against the defendant (one-year suspended sentence of imprisonment, two-year suspended sentence of imprisonment, and two hundred-hours of community service order) is unreasonable.

2. The lower court’s punishment is not easy in that the Defendant’s act is not light of the nature of the crime, and the Defendant committed the instant crime in return for the promise to pay.

3. However, in full view of the following circumstances: (a) the Defendant, without a clear awareness at first, aided and abetting the conduct of the conduct of the phishing, was unable to retire from office because of his livelihood; (b) the Defendant’s payment at the expense does not exceed the ordinary level; and (c) the Defendant’s age, sex, environment, criminal record, family relation, motive for the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment did not reach the level of discretion in sentencing.

4. Therefore, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow