logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.08.29 2019노120
사기
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and one year of imprisonment) of the lower court is too unreasonable; and

2. The circumstances favorable to the defendant include the fact that the defendant is against each of the crimes of this case, and that the punishment should be determined in consideration of equity in the case where a judgment is to be rendered simultaneously with the crime of fraud entered in the facts constituting the crime of this case

On the other hand, the fact that the sum of the acquired money exceeds KRW 100 million, there is no recovery from damage other than the repayment of some money to victims B and G, and the fact that each of the crimes of this case was committed during the investigation, trial or suspended execution of the crime in the judgment below is disadvantageous.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too unreasonable and unreasonable. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

On the other hand, since the application for compensation filed by the applicant for compensation was received at the date of the closing of argument, it is not reasonable to issue an order for compensation because the procedure of trial is likely to be considerably delayed due to the order for compensation, and thus, it is decided to dismiss it in accordance with Article 32(1) of the Act on Special Cases Concerning

arrow