logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.11.06 2015노889
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants is as follows: Defendant A, Defendant B, and Defendant C’s respective corresponding items are referred to as “Defendant” and the other Defendant is referred to as “Defendant” only in name.

Defendant

A only the fact that the Defendant introduced B to P upon the request of P for the introduction of a person from P, but did not participate in the singing crime at all. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine as to accomplices, etc. on the grounds of the statements, etc. made by unrecognizable B, thereby convicting the Defendant of the facts charged.

The sentence of the court below, which sentenced the defendant two years of imprisonment, is too unreasonable in light of the fact that the defendant did not have any profit from the crime of this case, and the equality of the punishment imposed on the accomplice B, etc.

B. Defendant B (1) was asked by Defendant B to accept money from Defendant A, and it was believed that he would not be able to accept the request, but he was not able to do so. However, even though the perception that he was a singishing crime was a singishing crime, the lower court erred by misunderstanding the facts, thereby recognizing the Defendant as a co-principal of the singishing crime, and 2) did not so.

Even if the sentence imposed A and D is imposed, the sentence of the court below, which sentenced the defendant two years of imprisonment, is too unreasonable in light of equity in the sentence imposed by A and D, the defendant has no benefit to acquire by the crime of this case, the two suspended sentence becomes invalidated if the sentence imposed by the court below becomes final and conclusive, the degree of the defendant's participation

C. The sentence of the lower court that sentenced the Defendant for a year and two months, in light of the health conditions of Defendant C’s tender, is too unreasonable.

2. Determination

A. (1) As to the mistake of facts by Defendant A, the lower court introduced B to P, and then withdrawn through B after the commission of the crime.

arrow