logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.10.29 2020노545
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles merely borrowed money from the victims after receiving investments from the victims, and they did not deceiving the victims.

Nevertheless, the court below found all the facts charged guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (eight months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles: (a) The defendant asserted the same purport as the reasons for appeal in the original judgment; and (b) the court below rejected the argument in detail by making a decision on the above argument. In light of the records and closely comparing the judgment of the court below, the judgment of the court below is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant. (b) Therefore, the argument of misunderstanding of facts and misunderstanding of

B. Determination 1 on the argument of unfair sentencing is an unfavorable circumstance to the defendant, in light of the details and methods of the crime, etc., the poor nature of the crime, the money obtained by deception is considerably high, and the fact that the mistake is not divided. However, in the trial, the court below agreed with the victims, the victims do not want the punishment of the defendant, the victims do not have any record of punishment as the same crime, and the court below's sentencing is too unreasonable in light of the defendant's age, character and behavior, environment, motive leading to the crime, circumstances after the crime, etc. and all the reasons for the punishment as shown in the proceedings of the pleading and pleading, and thus, the court below'

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discrimined Judgment] Criminal facts and summary of evidence recognized by the court, and they are related to such facts.

arrow