logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.09.26 2013노1811
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

2. There are extenuating circumstances such as the fact that the Defendant’s judgment on the grounds for appeal reflects the Defendant’s fault in depth, the Defendant’s health is not good due to the age of 76 years old, the economic situation is not good, and the amount of damage is relatively low.

However, the Defendant committed the instant crime even if there were several punishments for the same crime, and even if there were the records of punishment for the same crime, the Defendant committed the instant crime, did not recover from damage, did not agree with the victim, and the Defendant issued a summary order of KRW 3 million, but the lower court sentenced the Defendant to a fine of KRW 2 million by taking into account the circumstances favorable to the Defendant, and there was no special change in circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment was rendered. In full view of the following circumstances, the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime was committed, and the Defendant’s assertion is not acceptable since the sentence imposed by the lower court is too excessive.

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

arrow