logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.26 2015노1137
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment is disadvantageous to the Defendant, even though the Defendant had had been punished several times for the same crime, and the victims have been repeatedly committed, and the victims have many victims and some victims have not recovered from damage.

However, the appellate court held that the defendant's mistake is divided and reflected in the defendant's mistake, and that the above victims do not want the punishment of the defendant in agreement with most victims (37 persons) in the appellate court, and that the sum of the defraudeds by the crime of this case is not more than KRW 6,400,000,00,000, and that they endeavor to recover damage, and that they do not repeat the crime of this case, the favorable circumstances such as the defendant's age, character and behavior, environment, circumstances and result of the crime of this case, all of the sentencing conditions in this case, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court (one to one year and six months) [the scope of recommending punishment] basic area (6 to one hundred million won) [special mitigation] of the basic area (6 to one year and six months) [special mitigation] of punishment or where damage is recovered for an unspecified victim or for a considerable period of time, the court below's assertion that the above punishment is unreasonable is unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, among the facts charged in the judgment of the court below, it is clear that the attached list 2 of the first instance crime was omitted under the second page of the judgment of the court below, and thus, it is added to the 8th page of the judgment of the court below, and the 2nd page of the judgment of the court below is a clerical error of the 2nd class.

arrow