logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.08.23 2017노1465
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking account of the sentencing criteria as to fraud, the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., in light of the following: (a) the Defendant’s conviction was against the Defendant; (b) the Defendant repeated the act without any awareness of a crime despite having been punished several times as a single criminal act; and (c) the fact that the damage has not been recovered; and (d) the sentencing guidelines as to the crime of fraud, the crime of interference with the duties; and

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

Although the defendant was trying to recover damage in the trial in the future, it is recognized that he will continue to drink in the future and not repeat the crime, the above sentencing conditions have been significantly changed in the trial even if considering all such circumstances.

It is difficult to see the above sentencing, and when considering the above sentencing as a whole, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

arrow