(영문) 서울서부지방법원 2017.06.01 2017노213

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.06.01 2017노213

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the crime of the 2016 Height 2286 case: imprisonment with prison labor for 2 years in June, and the crime of the 2016 Height 3038 case: imprisonment with prison labor for 2 years in June) is too unreasonable.

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

2. The judgment of the court below is that the defendant would have the redevelopment association enter into a contract with the redevelopment association, even if the redevelopment association was not the president of the redevelopment association, and the defendant would have the redevelopment association enter into a contract.

In the case of the 2016 Highest 2286 Highest 2016 Highest 2016 highest 2016 highest 200 million won, the criminal method and nature of the crime are poor, the crime of the 2016 Highest 2286 case was committed during the period of the suspension of execution of the final and conclusive crime, and the fact that there was no agreement with the victims is disadvantageous to the defendant.

On the other hand, the fact that the defendant reflects his mistake, the victim F pays the victim F with the damage amount of KRW 30 million, and the victim H paid the damage amount of KRW 10 million, which is part of the damage amount, to the victim H, and the fact that in the case of the 2016 ancient group 3038 case, the defendant must consider the equity in the case of the judgment at the same time as in the final judgment of the court below, which is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or too low and thus cannot be deemed unfair. Therefore, each of the Defendant and the Prosecutor’s arguments in sentencing are without merit.

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

유사 판례

-서울서부지방법원 2017.01.25 2016고단2286

-서울중앙지방법원 2018.01.18 2017고단226

-부산지방법원 2018.06.28 2018노866

-청주지방법원 2017.05.19 2017노253

-창원지방법원 2017.06.15 2017노910