logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.06.22 2018노1302
특수절도
Text

The appeal by the Defendants and the prosecutor is dismissed.

Reasons

1. The Defendants on the grounds of appeal appealed from the lower court’s punishment (one year of imprisonment for each of Defendant A, F, and eight months of imprisonment for each of Defendant B) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s respective sentence against the Defendants because it is too unfasible and unfair.

2. Determination:

A. Defendant A and B acknowledged the crime of larceny in this case and are contrary to their interests, and Defendant B paid KRW 15 million to the victim at the court below, and agreed with the victim by the agreement with the victim. While Defendant A did not want the punishment of the victim under the agreement with the victim at the court below, the damage amount to the larceny in this case is considerably large to KRW 300 million, considering the defendants' age, family relation, economic circumstances, criminal records, motive, means and consequence of the crime, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the age, family relation, economic circumstances, criminal records, motive, means and consequence of the crime, etc., the punishment of the court below is too heavy, or is not unfair due to it, the Defendants and the prosecutor’s assertion are without merit.

B. Defendant F is against the Defendant’s recognition of the instant fraud crime, and the victim did not want the Defendant’s punishment upon agreement with the victim. However, even though the victim did not want the Defendant’s punishment, the Defendant’s assertion by the Defendant and the Prosecutor is not reasonable, given that the Defendant’s age, family relation, economic situation, motive, means and consequence of the instant crime, and other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the instant case’s age, family relation, economic situation, motive, means and consequence of the instant crime, are too heavy, or is not unreasonable because it is unreasonable because the Defendant and the Prosecutor’s assertion are not reasonable.

3. The appeal by the Defendants and the Prosecutor is dismissed. It is so decided as per Disposition.

arrow