logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.05.08 2019노2488
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the form of imprisonment with prison labor for one year and six months and two years with prison labor for the crime No. 2 of the decision of the court below) of the court below is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking account of all favorable circumstances and unfavorable circumstances for the Defendant.

In the case of the crime of Article 2 of the judgment of the court below, along with the above circumstances as stated in the judgment of the court below, there is no change in the sentencing conditions that can change the sentence of the court below in the judgment of the court, such as that the defendant was unable to be used from the victim F even in the case of the crime of Article 2 of the judgment of the court below, and that there is no money additionally repaid after the judgment of the court below, and ② the crime of Article 1 of the judgment of the court below, although the defendant appears to have additionally repaid the amount of KRW 7 million to the victim B, and the victim B who stated the defendant's preference in the judgment of the court below expressed his intention not to raise any civil objection at the trial, the above crime was committed during the suspension period of the execution of imprisonment with labor for the same kind of crime. Since the above crime was committed during the suspension period of the sentence of imprisonment with labor, the above crime was committed, even if considering the above additional repayment or the intent to waive the victim B's compensation, the sentence against the defendant was inevitable, including the defendant's age, character, environment, environment, motive, and consequence, etc.

Therefore, the defendant's assertion is not accepted as it is reasonable to respect the sentencing of the court below.

3. The Defendant’s appeal is without merit.

arrow