logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.04.01 2016노25
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s instant crime was committed by deceiving a motor vehicle without a monthly siren, and by deceiving a motor vehicle with 28.2 million won as a security deposit, and is serious in light of the active plannedness of the method of crime and the amount of defraudation.

The defendant can be punished as a crime of fraud only several times, and is also a repeated crime of the same kind.

In addition, the damage of one victim was not completely recovered.

However, on January 28, 2015, the Defendant was sentenced to five years of imprisonment by this court for fraud, etc. and the judgment became final and conclusive on August 27, 2015. If the instant indictment was instituted more promptly, the Defendant could have received a trial by combining the said case where the judgment became final and conclusive.

However, considering such issues, the sentence imposed by the court below is not heavy in light of the expected reasonable sentence and the overall circumstances of the crime of this case, taking into account various factors such as the defendant's age, sexual behavior, environment, etc.

The decision is judged.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

arrow