logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2013.11.29 2013노1247
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for crimes in the upper limit of 2013 highest 456) that the lower court rendered is too unreasonable.

2. Determination

A. As to the crime of this case, the first head of the crime of this case as indicated in the judgment below and the facts that the crime of this case should be judged concurrently in the concurrent crimes of the latter part of Article 37 of the Criminal Act and the case of equity are favorable to the defendant.

However, in full view of the various circumstances, such as the motive or circumstance of the instant crime, Defendant’s age, character and conduct, environment, and circumstances after the instant crime, the punishment imposed by the lower court is too unreasonable, and thus, the Defendant’s above assertion is not reasonable, on the grounds that it is difficult to deem that the Defendant’s punishment imposed by the lower court is too unreasonable.

B. In light of the following circumstances: (a) the Defendant committed the instant crime by deceiving five victims by various means; (b) the amount of the instant crime is not good; (c) the Defendant committed the instant crime, which is the same kind of crime during the period of repeated crime, in which the Defendant was sentenced to imprisonment with prison labor due to fraud, etc.; (d) the agreement with the victims or did not recover from damage; and (e) the motive or background leading up to the instant crime; (e) the Defendant’s age, character and conduct; (e) the Defendant’s environment; and (e) the circumstances after the instant crime were committed.

arrow