logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.03.17 2015노668
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the records of the instant case, the Defendant filed an appeal against the lower judgment on November 2, 2015, but, on November 13, 2015, the Defendant did not submit a statement of reason for appeal within the lawful submission period even after being duly served with the notice of receipt of the records of trial by this court. The petition of appeal does not contain any reasons for appeal even in the petition of appeal.

B. The prosecutor’s sentence of the lower court (two years of suspended execution in six months of imprisonment, and one hundred and sixty hours of community service order) is too uneased and unreasonable.

2. Under our criminal litigation law taking the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant acquired 7.8 million won from the injured party for the sales price of the salary class in Korea, even if the injured party did not intend to sell the salary class.

The defendant received the above money and used it as a repayment of gambling debts.

The defendant did not compensate for the damage of the victim until now, and the victim wanted to punish the defendant strictly.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is against all of the crimes of this case.

There is no record that the defendant was punished for the same crime as this case.

The amount of damage in this case is relatively little.

Such circumstances are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines established by the Supreme Court sentencing committee, the sentence sentenced by the lower court is.

arrow