logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.08 2018노182
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. In determining whether the Defendant was a party, the entire crime of this case is recognized and reflected, the amount of damage caused by each fraud is relatively large, and some victims do not want the Defendant’s punishment, the degree of assault against the victim AH is relatively heavy, and the fact that the victim reached an agreement with the victim Y in the first instance is favorable.

However, the fact that the defendant had been punished several times due to the same kind of crime, and the defendant completed the execution of punishment due to assault, etc. and committed a crime against many victims during a short period from the time when one month has not passed.

In addition, comprehensively taking account of the following factors: the Defendant’s age, sexual conduct, family relationship, circumstances after the commission of the crime, and various sentencing conditions shown in the records and arguments, the victim AA’s punishment is not subject to punishment; and even if considering the agreement with the victim Y, the lower court’s punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. The appeal by the defendant and the prosecutor 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