(영문) 청주지방법원 2017.08.25 2017노731 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2017.08.25 2017노731

사기

Text

The defendant's appeal is dismissed.

The defendant pays 30,020,000 won to the applicant by fraud.

Reasons

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

2. The lower court appears to have sentenced the Defendant to punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

In full view of the aforementioned circumstances, comprehensively taking account of the motive, circumstance, and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and records of punishment, and the matters regarding the conditions of sentencing, statutory punishment, and sentencing guidelines, the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, the defendant's double punishment cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for compensation filed in the trial is well-grounded, so the defendant's application for compensation filed in accordance with Article 25 (1), Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall be ordered to pay 30 million won by deceiving the defendant to the applicant for compensation pursuant to Article 25 (1), Article 31 (1) and (2) of the same Act on the grounds that the above order is attached to a provisional execution pursuant to Article 31 (3) of the same Act on the ground that the defendant's application for compensation is subject to a provisional execution (Provided, That the late part of the application for compensation filed by the applicant for compensation is not a direct physical damage caused by the criminal act stipulated in Article 25 (1) of the Act on

유사 판례

-서울남부지방법원 2017.05.19 2016노1894

-서울중앙지방법원 2017.08.17 2017노1937

-대전지방법원 2017.08.24 2017노888

-수원지방법원 2017.12.08 2017노4469

-광주지방법원 2018.05.03 2017노2527