logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.01.09 2014노3802
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

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

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, in light of the following: (a) the nature of the crime is not good; (b) the Defendant’s liability for the crime is not less desirable; (c) the total sum of the damage amount of the fraud crime was a large amount of KRW 80,00,000,000; and (d) the Defendant and the prosecutor agreed with the victim G (T was submitted at the trial, but the victim G was not actually recovered from damage; (d) no effort was made to recover damage; and (e) the Defendant did not agree with the victims other than the victim G; and (e) the Defendant did not appear to have denied his fault due to the defense that does not comply with the doctrine during the investigation process; and (e) the Defendant did not appear to have committed a crime that was disadvantageous to the Defendant by denying his fault; and (e) the Defendant did not appear to have any kind of criminal record.

On the other hand, when the defendant made confession of all of the crimes of this case in the court of the court below, the victim G expressed his intention not to punish the defendant, and the defendant has no record of criminal punishment beyond the fine due to the same criminal act of fraud, etc., are favorable to the defendant. In full view of other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime of this case, means and method of the crime of this case, and circumstances after the crime, etc., the punishment imposed by the court below against the defendant is too heavy or too harsh.

arrow