logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.05.16 2018노526
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unfluent and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of sentencing of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court judgment on the sole ground of the difference between the view of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is reasonable to respect the sentencing of the lower court on the following grounds: (a) in light of the foregoing, the lower court was determined within a reasonable scope by fully considering the overall circumstances regarding the sentencing of the Defendant, such as the amount of damage, degree of damage, details of deception after the crime, circumstances after the crime, and the agreement with the victim, and there is no change in the sentencing conditions when compared with the lower court.

Therefore, the prosecutor's improper argument of sentencing cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow