logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.10.22 2014노1842
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's sentence (the first crime in the original judgment: the fine of 4 million won and the second crime in the original judgment: the imprisonment of 6 months) sentenced by the court below is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the court below is a favorable condition to the defendant, for the following reasons: (a) the defendant recognized all of the crimes of this case; (b) the victim did not want punishment against the defendant by mutual consent with the victims; and (c) the crime of Article 1 of the judgment of the court below is a concurrent crime under the latter part of Article 37 of the Criminal Act with a crime of violation of the Punishment of Violence, etc. Act (a collective crime, a deadly weapon, etc.) established on November 14, 2013 and the latter part of Article 37 of

However, as if the defendant did not have the intent or ability to pay the drinking value, the crime of this case was paid by deceiving the victim E, the victim H, and the victim K by deceiving the victim, or by threatening the victim M, and received KRW 10 million in cash from the above victim drinking by threatening the victim M. The crime of this case is not good, and the defendant committed the second crime in the judgment of the court below without being aware of it during the period of suspension of execution due to the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.). The defendant committed the second crime in the judgment of the court below without being aware of it during the period of suspension of execution, and the actual damage recovery against the

In light of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, background, means and consequence of the commission of the crime, and various circumstances, including the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be too minor or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit.

arrow