logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.08 2017노3118
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is recognized that the Defendant led to the confession of a crime and divided his mistake, and that the total amount of damage is not significant as KRW 1260,000,000 and repaid KRW 500,00 to the victim at the investigation stage (transfer on December 8, 2016).

However, in light of the form and method of the instant crime, etc., the nature of the crime is bad, the damage was not completely recovered, the Defendant did not receive punishment from the injured, the Defendant committed another crime even though there was the past record of criminal punishment several times due to the same kind of crime, and there was no change in circumstances that would be favorable to the Defendant, unlike the original judgment, in the first instance trial, there is no change in circumstances that would otherwise be favorable to the Defendant, and in light of all the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., 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