logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.09.27 2013노613
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The crime of this case in determining the grounds for appeal is strictly punished by the Defendant in light of the following: (a) the Defendant, on a loan basis of his business, obtained a total of KRW 19.5 million from the victim on three occasions in sum; and (b) the Defendant did not take any measures to recover from damage up to the trial; and (c) the Defendant did not take any measures to recover from damage.

However, in full view of the following facts: (a) the Defendant recognized the instant crime, and there is no history of punishment heavier than that of a punishment or fine for the same kind of crime; and (b) the Defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances leading to the instant crime; (c) the means and consequence of the instant crime; and (d) the circumstances before and after the instant crime, etc., the lower court’s punishment is too unjustifiable and thus, it is deemed unreasonable. Therefore, the Prosecutor’s assertion of unreasonable sentencing is without merit.

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

arrow