logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.09 2015노5602
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The total amount of damage is 250 million won or more, which is a large amount, and the agreement with the victim was not reached up to the trial despite the considerable period of time after the crime in this case was committed, and substantial damage recovery was not made, and the above victim wanted to be punished against the defendant, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant was committed against the time when the crime of this case was committed, that there was no record of criminal punishment as the first offender, that there was a family member to support the defendant, and that the above family member wanted to take the action against the defendant, etc. are favorable to the defendant.

In light of the above circumstances, if all circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, are taken into consideration, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant’s and the prosecutor’s assertion are too heavy or unreasonable. Thus, all of the arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow