logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.20 2018노1598
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the defendant's appeal grounds: The defendant's error in sentencing is recognized in both cases and against himself.

The defendant was not planned to commit each of the crimes of this case, but most of the acquired amount was acquired by the actual representative AL of F.

In light of this, the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Examining the record in light of the foregoing legal doctrine, most circumstances asserted by the Defendant as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered. There is no particular change of circumstances in the matters subject to sentencing after the lower judgment was rendered.

In addition, the records and arguments of this case are shown in the circumstances, age, sex and environment of the defendant, relationship with victims, motive, means and method of the crime, and circumstances after the crime.

arrow