logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.06.10 2016노636
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Taking into account the following factors: (a) the summary of the grounds for appeal (unfair sentencing); (b) the two parts of the three parts of the escaping items from possession were returned to recover some damage; (c) the Defendant voluntarily led to some of the crimes of this case; and (d) the Defendant committed each of the crimes of this case due to economic difficulties; (b) the sentence (one year of imprisonment, and confiscation) sentenced by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, there is room for doubt as to whether the Defendant actually repents, reflects, and reflects, as well as ① the criminal history of having been subject to criminal punishment for the same kind of property crime, and the Defendant committed each of the instant offenses on the only one month in which the execution of punishment for the attempted special larceny has been completed. ② Each of the instant offenses is not contingent crimes due to economic lack in light of the relevant criminal law or the process of handling after the crime, etc., but not contingent crimes; ③ substantial damage is not recovered; ④ the Defendant’s assertion on the grounds of sentencing was already reflected in the sentencing of the lower court; ⑤ there is no difference between the sentencing conditions of the lower court and the sentencing conditions of the lower court; and ④ other various sentencing conditions indicated in the records of the instant case, it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. In conclusion, 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. It is so decided as per Disposition.

arrow