logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.11.21 2019노1761
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the lower court is excessively unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances (such as the fact that there was a history of punishment for the same kind of crime and the confession) as the grounds for sentencing, as well as other circumstances shown in the records and arguments in the instant case (including the fact that the Defendant was sentenced to imprisonment for one year and eight months due to fraud in 2014, and that there was no recovery from damage caused by each of the instant crimes, etc.), even if the lower court considered all of the circumstances (such as the fact that the Defendant maintains his livelihood with daily labor, and the repayment was made after the discharge), it is not unreasonable to deem that the sentence imposed by the lower court is too unreasonable, and no other circumstance exists to newly consider in the trial.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow