logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.05 2018노2383
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the punishment (six months of imprisonment) sentenced by the lower court is too unreasonable (the Defendant withdrawn his/her assertion of the existing fact at the first trial date of October 18, 2018, the first trial date of October 18, 2018). 2. Determination is recognized as follows: (a) the Defendant recognized his/her mistake and reflects it; and (b) the Defendant’s health status is not good.

However, although the crime of this case did not have the intent or ability to arrange jobs for the victim, it was acquired by deceiving the victim by using approximately KRW 2,086,00,00 in total by obtaining credit cards from the victim, and there was no data to recover the damage of the victim until the trial. The defendant has been punished several times due to the same kind of crime in the past, including imprisonment, and in particular, even if he had been punished for repeated crime due to the crime in the judgment of the court below, the fact that the defendant committed the crime of this case even though he was committed for repeated crime due to the same crime in the past is considered disadvantageous to the defendant. In addition, taking into account the following circumstances: the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the sentence of the judgment of the court below, it is not recognized that the punishment imposed by the court below is unfair because it is too too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

arrow