logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.20 2016노5034
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The lower court sentenced the above sentence in consideration of the circumstances favorable to the fact that the motor vehicle purchased in the name of the victim D was returned to the victim D, in consideration of the fact that the crime of this case was inferior, the damage recovery was not performed properly, the defendant filed a complaint against the victim F with the charge of perjury, the defendant filed a complaint against the victim F with the charge of perjury, and the suspended sentence was sentenced due to the same kind of crime.

In this case, the crime of this case was committed by using the personal trust relationship, which is the internal relationship with the victim F, and the nature of the crime was poor, and the damage to the victim F was not recovered until the party in question, and the victim F wanted to be punished.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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

arrow