logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.05.14 2019노2795
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. The sentence of unfair sentencing refers to the case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the judgment of the court below is too unreasonable in light of the contents of specific cases.

The defendant deceivings the victim with personal trust relationship, thereby deceiving 12,90,000 won through six times, and considering the method of deception, the frequency of the crime and the amount of damage, the crime is bad.

However, the Defendant recognized all of the instant crimes, against whom it was committed, and agreed with the victim at the time of the trial.

The victim does not want to punish the defendant any longer, but want to take the action against the defendant.

A defendant has no record of criminal punishment, which exceeds the punishment or fine, for the same crime.

In addition, the defendant's age, character and conduct, environment, motive, content, means and result of the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, are not punishable by the victim compared to the original judgment.

arrow