logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.06.02 2016노2977
부동산실권리자명의등기에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because it is too unreasonable for the court below to have imposed the defendant (the penalty amounting to KRW 15 million).

2. The lower court, based on the following circumstances: (a) the Defendant committed a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name rather than the other co-defendants in the lower judgment; and (b) the instant case considered the criminal that threatens the transaction of real estate and the trust in construction works by trusting real estate ownership in another person’s name or performing construction works; and (c) on the other hand, taking into account the favorable circumstances that the Defendant had no criminal record for the same kind of offense, determined the sentence by comprehensively taking into account the following circumstances, including the Defendant’s age, sexual conduct, the background and motive leading to the instant crime,

When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.

As there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, the defendant does not accept the defendant's unfair argument.

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