(영문) 대구지방법원 2018.05.10 2018노696 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.05.10 2018노696

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

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

2. On the other hand, the court below sentenced the above punishment by taking into account the following favorable circumstances: (a) the defendant and the prosecutor’s unfair argument of sentencing together with each of the following: (b) the method of deceiving the crime of this case; (c) the amount of deception (214,50,000 won); and (d) the amount of commission that the defendant acquired by the crime of this case is not good in view of the nature of the crime; (d) the defendant did not endeavor to recover damage; and (e) the defendant did not reach an agreement with the victim; and (e) the defendant committed the crime of this case; (e) part of the amount of fraud (18,841,90 won) was paid as the profit of the victim; and (e) the defendant could have been tried together with the judgment; and (e)

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court in addition to the unfavorable circumstances taken into account by the lower court, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence, circumstances after the commission of the crime, etc., the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be too easily or unfairly unreasonable, and thus, each of the Defendant and the Prosecutor’s respective arguments for sentencing are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-대구지방법원 2018.04.26 2018노427

-대구지방법원 2018.02.22 2017노5276

-대구지방법원 2018.02.01 2017노5063

-대구지방법원 2017.09.21 2017노1948

-청주지방법원 2017.04.28 2016노1314