logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.10.24 2014노2678
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the Defendant was served on August 13, 2014 of the notification of the receipt of the trial record and the notification of the appointment of a public defender, but did not submit the statement of grounds for appeal within 20 days, which is the due deadline for submission of the appellate brief, and the petition of appeal does not contain any indication of the grounds for appeal,

2. Judgment on the prosecutor's appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

B. In full view of the following: (a) the amount acquired by the Defendant is a large amount equivalent to KRW 13.6 million; (b) the fact that the Defendant did not take measures to recover from damage up to the trial; (c) the fact that there was no record of criminal punishment above the same kind of crime or suspended execution; (d) the lower court deposited KRW 5 million against the victim; and (e) other various sentencing conditions in the records and arguments, including the Defendant’s age, family environment, and the circumstances before and after the crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

3. If so, the defendant's appeal should be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, since the prosecutor's appeal is decided with respect to the prosecutor's appeal, it is dismissed by judgment together, and since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4)

arrow