logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.05 2015노1321
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment) is too heavy.

2. The fact that the defendant recognized all of the crimes and reflecteds, that the sum of the acquired money is about 7 million won, and that the crime is deemed to have been committed due to the economic difficulties, is an element of sentencing favorable to the defendant.

However, the fact that the Defendant had previously been sentenced to two times of imprisonment for committing the crime of fraud under the same law, the fact that the instant crime constitutes a repeated crime, that the victims did not agree with all, and that there was no change in circumstances to be considered in sentencing after the judgment of the court below is an element of sentencing unfavorable to the Defendant.

In addition, considering the overall sentencing conditions under Article 51 of the Criminal Act, such as the criminal records, health conditions, and frequency of crimes of the defendant, the sentence of the court below cannot be deemed unfair because it is too unreasonable.

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