logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.03.29 2017노4376
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ each sentence (unfair sentencing) sentenced by the lower court to the Defendants (Defendant A: the community service order of one year and 40 hours a suspended execution of one year and 40 hours a period of imprisonment with prison labor for the crimes No. 1 in its holding; the fine of three million won for the crimes No. 2 in its holding; the Defendant B: the community service order of two years and 80 hours a suspended execution of one year and 6 months a period of imprisonment is too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. The Defendants recognized all of the instant crimes and against their own mistake; Defendant A committed fraud, etc. established on July 25, 2013 with respect to the victim C; Defendant B, with respect to each of the instant crimes established on December 14, 2013; and the relationship between fraud, etc., established on December 14, 2013, and each of the instant crimes, with respect to each of the instant crimes, under Article 37 of the Criminal Act, the principle of equity should be considered at the same time with the case of being tried; in the case of the crime of fraud against the victim F, the amount of damage is not much significant.

On the other hand, the defendants committed fraud against the victim F even though they were sentenced to the suspended sentence due to a final fraud, etc., and Defendant B had a record of criminal punishment several times including the same criminal record before the crime in this case.

In full view of the aforementioned circumstances, each of the instant crimes appears to have led by Defendant B, and other circumstances, such as the Defendants’ respective ages, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable.

arrow