logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.05.11 2017노106
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant shows an attitude against each of the instant crimes while recognizing each of the instant crimes, and that the Defendant has no criminal record other than that of the first offense.

However, in light of the object, method, frequency, and amount of fraud, etc. of each of the crimes of this case, it is also recognized that the crime is not good, that the defendant has escaped for a long time, and that the defendant has continuously committed the remaining crimes while being investigated by the police as a part of each of the crimes of this case.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, the sentence imposed by the lower court is not deemed to be unfair because it exceeded, or is too heavy, or fluent.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow