logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.29 2019노5005
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment with prison labor is too heavy or it is unreasonable to conduct an inspection;

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

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstance that the defendant asserts as the reason for appeal (such as the circumstance that some circumstances should be taken into account) and the circumstance that the prosecutor asserts as the reason for appeal (such as the substantial amount of damage and the absence of agreement with the victim) seems to have already been taken into account in the sentencing process of the court below.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. as indicated in the arguments of the lower court and the political party, even if considering the circumstances cited by the Defendant and the prosecutor as the grounds for appeal, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable because it goes beyond the reasonable scope of discretion.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow