logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.13 2019노765
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In full view of all the sentencing conditions of the instant records and arguments that are favorable to the Defendant, including the following: (a) the telephone financial fraud crime is committed in a planned and organized manner that leads to significant harm to an unspecified number of victims; (b) the Defendant committed the instant crime during the repeated crime period after having been sentenced to the same kind of crime and having completed the enforcement of the sentence; and (c) the Defendant committed the instant crime during the repeated crime; (d) the unfavorable circumstances against the Defendant, such as the Defendant’s mistake; (e) the Defendant took measures to recover damage from fraud; and (e) the Defendant’s intellectual disability (Grade 3) appears to have contributed to certain degree to each of the instant crimes; and (e) the Defendant’s age, character and behavior, environment, motive, circumstance, and process of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing

Furthermore, the grounds for unfair sentencing asserted by the Defendant and the Prosecutor in this court are the circumstances that the lower court had already taken into account when determining the Defendant’s punishment, and it is difficult to view that there exists any change in circumstances to the extent that may be newly considered in

Thus, the court below's punishment is too heavy or unreasonable, and the defendant and the prosecutor's assertion are without merit.

3. Accordingly, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow