logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.12.10 2020노3110
사기등
Text

The defendant's appeal is dismissed.

The defendant shall receive 350,000 won from the defendant to the CM.

Reasons

1. The sentence of the lower court (three years of imprisonment) to the point of the reasons for appeal is too unreasonable.

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing reasons, such as the following: (a) the poor quality of the crime was committed; (b) the number of victims and the money that they acquired is considerably large; (c) the damage was not recovered; (d) the records of punishment for the same crime are several times; and (e) the same type of crime was committed during the period of repeated crime; and (e) the mistake was divided and reflected during the period of repeated crime.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since the application for compensation order by CM and applicant for compensation is well-grounded, it is ordered to obtain money from the defendant pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and attach a declaration of provisional execution to the above compensation order pursuant to Article 31 (3) of the same Act. The application for compensation order by N is illegal since it is filed after the pleadings at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial. Thus, it is so decided as per Disposition.

arrow