logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.05.19 2016노4646
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair in sentencing) is unreasonable as it is too unfasible that the lower court’s sentence against the Defendant (an order to suspend the execution of imprisonment with prison labor for six months, observe protection, and attend a lecture for 80 hours) is too unfasible.

2. The fact that the Defendant was sentenced to a fine several times due to a crime of fraud under the same law is disadvantageous to the Defendant; however, the Defendant did not have any record of having been sentenced to imprisonment or more due to fraud; the Defendant has no record of being sentenced to imprisonment or more due to fraud; the period of suspension of execution is three years in consideration of the Defendant’s recidivism risk; the lower court ordered observation of protection and alcohol treatment together; and other various circumstances, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

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

arrow