(영문) 서울중앙지방법원 2018.04.13 2018노309

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크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.04.13 2018노309

사기

Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B and C shall be punished by imprisonment for six months.

(2).

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (i.e., six months of imprisonment; (ii) two years of suspended sentence; (ii) six months of imprisonment; and (iii) six months of imprisonment; and (iv) six months of imprisonment) is too unreasonable.

2. Determination

A. In the instant case where there is no change in the sentencing conditions that may be specifically considered in the trial about Defendant A’s unfair assertion of sentencing, the lower court, taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime; (b) the circumstances after the crime was committed; and (c) the criminal records; and (d) the lower court’s punishment is too heavy in excess of the scope of discretion.

Therefore, the defendant's assertion is rejected.

B. As to Defendant B and C’s wrongful assertion of sentencing, the following circumstances are disadvantageous to the Defendants: (a) the nature of the instant crime was extremely poor; (b) Defendant B had the same criminal record one time; and (c) Defendant C had the same criminal record two times with the same criminal record; and (b) the same criminal record has considerable number of criminal records.

However, in full view of the fact that the Defendants did not want the punishment against the Defendants in agreement with the victims, the Defendants appear to be against the Defendants’ age, sexual conduct, environment, health conditions, family relationship, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and criminal records, the punishment imposed by the lower court against the Defendants is too heavy.

The decision is judged.

3. Thus, the part of the judgment of the court below against the above Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, since the appeal by Defendant B and C is well-grounded, and the appeal by Defendant A is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by Defendant A is without merit. It is so decided as per Disposition.

[The reasoning of the judgment used again for Defendant B and C]

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