logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.20 2016노5056
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although there are favorable circumstances, such as the Defendant’s confession of the instant crime and the fact that there is no record of criminal punishment exceeding the fine, the amount obtained by the Defendant is not specified as KRW 29.8 million, the damage was not recovered, and the Defendant did not agree with the victim, taking into account the favorable circumstances in regard to the Defendant, the lower court’s assertion is without merit, given that the lower limit of the recommended punishment [type 1 (less than KRW 100,000) under the sentencing guidelines of the Supreme Court as to the instant crime] was imposed on the Defendant, taking into account the following factors: (a) the Defendant’s age, sex, environment, and the motive and circumstances leading to the instant crime; (b) the means and consequences leading up to the instant crime; and (c) the circumstances after the crime, etc.; and (d) the lower court did not seem to have been unfair on the ground that the Defendant’s punishment imposed by the lower court was unreasonable on the grounds that all the sentencing conditions indicated in the record and the change theory, such as the following circumstances.

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