logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.28 2017노1905
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. On the other hand, the Defendant committed the instant crime in a similar way, even though the Defendant was sentenced to a suspended sentence of 2 years for the period of 8 months of imprisonment for fraud in 2014, and the amount of damage was not approximately KRW 55 million, etc., which is disadvantageous to the Defendant.

However, in full view of the various circumstances, including the fact that the defendant recognizes the crime of this case and reflects on the victim, partial recovery of damage was made, that the victim does not want the punishment of the defendant, that there was no criminal record other than the previous criminal record committed by the defendant, that the revenue of the defendant does not want to be punished by the defendant, that the mother of the disabled with disability 5 and that the mother of the defendant is living together with a good body, that the mother is leading the defendant, that there is no special relation or change of circumstances that can be newly considered in the trial, and that there is no other special relation or change of circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as age, environment, sex behavior, motive for the crime, and conditions before and after the crime, it cannot be deemed that the sentence of the court below is unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow