logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.11.06 2014노3826
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal alleged mistake of facts or misapprehension of legal principles as grounds for appeal, but such withdrawal was made on the date of the first instance trial of the trial.

The punishment of the court below against the defendant (two years of imprisonment) is too unreasonable.

2. Determination is based on the following factors: (a) the Defendant has been recognized as committing a crime in the first instance; (b) the Defendant’s dependents exists; and (c) the equity between the judgment and the case of fraud finalized in 2014 should be taken into account; (b) on the other hand, the amount of damage to the instant crime exceeds KRW 16,000,000; (c) the Defendant’s commission of the instant crime causes serious damage to the victim; (d) there is no circumstance for the Defendant’s endeavor for the recovery of damage; and (e) there is no other circumstance for the Defendant’s efforts to recover damage; and (e) the overall sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc.

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

arrow