logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.06.03 2016노1011
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the punishment imposed by Defendant A (the fine of KRW 15,00,000, the fine of KRW 5,000,00) by the lower court is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). However, Defendant A’s agreement to pay KRW 15,10,000 to the victim, Defendant B deposited KRW 80,000 to the victim, thereby recovering damage caused by the instant crime, and Defendant A did not directly obtain profits from the instant crime; Defendant B did not obtain the same criminal record or suspended sentence; Defendant B did not have any criminal record or more than the same criminal record; Defendant B’s age, sex, environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc., the lower court’s sentencing is deemed appropriate; and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's above assertion is without merit.

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

arrow