logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.09 2018노3291
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that a crime is recognized and is against the board of all the Supreme Court Decision 2015Do3260, Jul. 23, 2015; and that there is no record of criminal punishment exceeding the fine, etc., should be considered favorably. However, the crime of this case is committed by the Defendant in a planned manner and by deceiving the victim of his economic power, occupation, etc., and by deceiving him/her to the use of money, by taking money into consideration the crime of this case, the nature of the crime is inferior; the period of the crime is relatively long, and the damage amount is a relatively long period exceeding 150,000 won; the damage amount was not agreed with the victim;

The court below determined a punishment in consideration of all the above circumstances, and there is no change in the conditions of sentencing on the grounds that new sentencing materials have not been submitted in the trial.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, as well as various other circumstances, which form the conditions for sentencing as indicated in the instant records and theories of change, such as the circumstances after the crime, the lower court’s punishment is deemed reasonable, and is excessively heavy, beyond the reasonable scope of discretion.

It does not seem that it does not appear.

The defendant's argument in sentencing is not accepted.

3. 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 groundless.

arrow