logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.10.16 2020노1584
범죄단체가입등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (in case of Defendant A: Imprisonment with prison labor for 2 years and 660,000 won for additional collection; imprisonment for 1 year and 6 months; and additional collection for 200,000 won for Defendant B) is too unreasonable;

2. The lower court determined the Defendants’ punishment by taking into account the favorable and unfavorable circumstances to the Defendants, as seen above.

In full view of all the circumstances that are conditions for sentencing in this court, there is no part that the judgment of the court below exceeded the reasonable scope of its discretion.

Meanwhile, although Defendant A submitted a written agreement with Defendant C Q to this court, it is difficult to view that such circumstance constitutes a reason to change the sentence of the lower court because the above amount was less than the amount of the amount of the defrauded acquired through the instant crime by Defendant A, and there is no change in circumstances that could change the sentence of the lower court.

In addition, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the Defendants’ age, environment, background and consequence of the crime, and circumstances after the crime.

The Defendants’ assertion of unreasonable sentencing is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow