logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.08.18 2017노86
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (2.5 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The following facts are considered to be the circumstances unfavorable to the Defendant: (a) the Defendant had already been convicted three times of imprisonment; (b) the Defendant had been convicted of 20 times of fraud, including one suspended sentence; and (c) the damage to the fraud was not yet recovered.

However, in the case of fraud, the court below made efforts to recover damage in its own name, such as deposit of approximately 2,00,00 won, which is about 2,18,800 won, and in the case of the rest of the crime, the period of keeping or using a vehicle does not extend, all of its errors are recognized and their depth reflects. There are favorable circumstances for the defendant, such as the fact that the court below's judgment should take into account equity with the case of fraud, etc. entered in the criminal facts as stated in the judgment of the court below (i.e., imprisonment of one year and two months), and there are other factors that are favorable to the defendant, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, situation after the crime, change of circumstances after the sentence of the judgment of the court below, and all of the sentencing conditions stated in the argument of this case, such as the changes in circumstances after the sentence of the

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow