logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.02 2017노3263
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The grounds for appeal by the prosecutor are the reasons for appeal by the defendant that the punishment prescribed by the court of the original instance (one hundred months of imprisonment) is too unreasonable, and that it is too uneasible and unfair.

2. The judgment seems to have led to the confession and reflect on the crime.

Among five victims of fraud (the owners of entertainment establishments) , three of the five victims were not punished by the defendant.

The number of fraud 23 cases is agreed on 21 cases among them.

Since the crime of this case is one of the concurrent crimes of fraud for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, it is necessary to determine punishment in consideration of equity and the case of judgment.

There is also a circumstance that the reference appeals the preference.

However, the criminal liability of the defendant is not against the law.

There are more than 20 criminal records of the same kind of crime (a fine). Occupational breach of trust has not been restored.

It is not good that a crime of fraud has been committed by 22 times during the period in which the defendant was sentenced to a separate trial under detention and was released after being sentenced to a suspended sentence of the first trial.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, comprehensively taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the situation before and after the crime, the sentence of the court below is too somewhat minor and excessively heavy.

3. In conclusion, the grounds for appeal by the defendant and the prosecutor are not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

arrow