logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.01.11 2018노3979
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the court below is too heavy.

2. The judgment defendant is a majority of the records of punishment for the same kind of crime, and has not given considerable effort to recover damage to the victims.

In addition, there is no circumstance that the lower court’s determination of sentencing is deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain it as it is, in full view of all the circumstances in the arguments and records of the instant case, including the Defendant’s age, intelligence and environment, motive means of crime, consequence of crime, and circumstances after crime, including the favorable circumstances (i.e., confession, the amount of damage is small amount) and unfavorable circumstances (i., a repeated crime, etc.) as stated in the grounds for sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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

arrow