logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.05.07 2020노364
사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay 250,000 won to the applicant for compensation by fraud.

3.2

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

As stated in the reasoning of the sentencing, the lower court determined the sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in the sentencing conditions of the lower court as the materials for new sentencing have not been submitted at the appellate court, and in full view of all the conditions of the sentencing indicated in the pleadings, including the Defendant’s age, character and conduct, environment, family relationship, circumstances and result of the crime, etc., it is not recognized that the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's application for compensation is with merit. Thus, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the defendant shall be ordered to compensate for 250,000 won by deceit from the defendant to the applicant for compensation, and a provisional execution sentence is attached in accordance with Article 31 (3) of the above Act

arrow