logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.02.22 2018노90
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The grounds for appeal by the prosecutor are the reasons for appeal by the defendant that the punishment prescribed by the court of the original instance (one hundred months of imprisonment) is too unreasonable, and that it is too uneasible and unfair.

2. The judgment of the defendant seems to have led to the confession and reflect on the crime, and is the first offense without any previous conviction.

There is also a situation in which family members and branch members appeal the ship's wife.

However, the criminal liability of the defendant is not against the law.

The damage was not restored.

The equity should also be taken into account in many similar sentencing precedents.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.

Considering that the amount of conviction is only 7.9 million won, it is too minor for him to be less than 7.9 million won.

It is also difficult to see it.

3. As such, the grounds for appeal by the defendant and the prosecutor are unreasonable, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

Considering that the economic situation of the defendant is very difficult, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply to the costs of lawsuit.

arrow