logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.01.15 2015노1422
사기등
Text

All appeals filed by prosecutors, Defendant A, and C shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: 8 months of imprisonment, 2 years of probation, 80 hours of community service order, 10 months of imprisonment, 2 years of probation, 80 hours of community service order, 80 hours of community service order, 1 year and 6 months of imprisonment) of the lower court is too uneasy and unreasonable.

B. Defendant A and C’s punishment is too unreasonable.

2. Determination

A. The Prosecutor’s improper assertion of sentencing and the Prosecutor’s improper assertion of sentencing 1) The instant crime of determining the Prosecutor’s improper assertion of sentencing is that: (a) the Defendant, without having an intention to actually employ the Defendant A, obtained a total of KRW 39 million national subsidies by pretending that he/she would conduct vocational skills development training and employ the students; and (b) taking into account the method, frequency, amount of fraud, etc. of the crime, there is a need to strictly punish the Defendant A, referring to the nature of the crime.

However, in light of the above circumstances and all other sentencing conditions specified in the argument of this case, including Defendant A’s age, sexual behavior, family environment, etc., the sentence imposed by the court below is too unjustifiable, and thus, it cannot be deemed unfair in light of the following circumstances: (a) Defendant A’s confession of the crime of this case and reflects the mistake; (b) Defendant A is trying to recover damage by repaying certain amount of damage upon obtaining approval for installment payment; and (c) Defendant A has no record of criminal punishment.

Therefore, the prosecutor's improper argument about sentencing against the defendant A is not accepted.

2) Defendant A did not submit a statement of reason for appeal, and Defendant A asserted that the lower court’s punishment should be too unreasonable on the first trial date of the first trial of the first instance court without submitting a statement of reason for appeal, but the above assertion was limited to one after the submission period of the reasons for appeal and thus cannot be a legitimate reason for appeal.

B. The Prosecutor’s assertion of sentencing against Defendant B is unfair.

arrow