logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.05.07 2019노1607
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

It is favorable to the defendant that the defendant returned a total of KRW 1,890,000 to some victims for the first time.

However, in full view of the following: (a) the Defendant committed the instant crime without being among the persons during the suspension period of the execution of imprisonment with labor for the same kind of crime; (b) the frequency of the commission of the crime exceeds 12,075,000 won; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, etc., the lower court’s sentencing is too heavy or unjustifiable than the reasonable scope of discretion.

3. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the lower court’s ex officio and the summary of the evidence of the lower judgment “1. T’s written statement” in Article 25(1) of the Criminal Procedure Act shall be corrected to “1. T’s written statement”.

4. The appeal filed by the defendant and the prosecutor in conclusion are all groundless, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow