logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.12.10 2015노1171
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant, while living for a long time until he is arrested after the instant crime, was in bad quality of the crime, such as failing to repay damage, and did not make any effort to recover damage; and (b) the Defendant’s sentence (two years of suspended execution in six months of imprisonment) declared by the lower court is too uneasible.

2. The fact that there is a substantial amount of damage, and that there is no repayment of damage, is disadvantageous to the defendant.

On the other hand, the defendant seems to have been given an opportunity to reflect his life while living in prison for a period of up to three months, and the fact that the defendant has no record of punishment is favorable to the defendant. In light of such circumstances, the court below seems to have postponed the execution of the defendant's punishment in consideration of the need to give the defendant an opportunity to reflect his anti-social treatment and to redeem the amount of damage in society instead of isolation in society.

In addition, taking into account the circumstances that the Defendant committed each of the instant offenses, including the circumstances leading up to the instant offenses, the circumstances after the commission of the offense, the age, environment, character and conduct, and family relationship of the Defendant, and the sentencing conditions indicated in the instant records and arguments, it is not deemed unfair because the lower court’s punishment against the Defendant is too unfasible, even considering the

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

arrow