logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.07.19 2018노535
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant appealed from the lower court’s punishment (one and half years of imprisonment) on the ground that the Defendant was too unfluent and unfair; and (b) the Prosecutor appealed from the lower court’s punishment to the contrary on the ground that

2. In determining the punishment against the Defendant, the lower court determined that the crime of the instant Bosing was committed by deceiving many and unspecified victims in a systematic and professional manner, and that there is a great need to punish the victims and society, and that the Defendant was in charge of receiving the money by deceiving the employees of the Financial Supervisory Service to directly receive the money by deceiving the victims from the victims, and that the amount of the money by deceiving the employees of the Financial Supervisory Service is not much than 20 million won, and that there is no effort to recover any damage, etc., taking into account the circumstances unfavorable to the nature of the crime of the instant case and the criminal situation into account, such as the crime of the instant case and the fact that the Defendant led to the confession of the instant crime, without any criminal record, and that there is no criminal record, the profits acquired by the Defendant do not reach the money by deception, and that there is no other criminal record of the same kind of crime, and that the punishment was sentenced by comprehensively taking account of the various conditions of the instant crime as indicated in the pleadings after the instant crime, including the background and result of the instant crime.

Examining the above sentencing of the lower court in light of the record, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion.

There is no change in circumstances that can be seen as being unfair to maintain the sentencing of the court below as it is in the first instance court. Thus, the court below's punishment is too heavy or unreasonable because it is too heavy.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor cannot be accepted.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so ordered as per Disposition.

arrow