logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.10 2018노2266
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal that the Defendant led to the confession and reflect of the crime; (b) the primary offender; (c) the larceny part compensates for the total amount of damages; (d) the agreement with the victim; and (e) the health of the victim, the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized the entire crime and reflects the fact that there is no history of criminal punishment, and that the defendant compensated and agreed on the total amount of damage to the larceny victim is favorable to the defendant.

On the other hand, even though the defendant was unable to commit the crime of gambling, he acquired money from the person who was damaged, thereby making it spambling again, and the motive and circumstances leading up to the crime are poor; the victim has been repeatedly accused due to a specific falsehood; the crime has been committed by deceiving a large amount of money; and the crime of larceny has also been committed to raise money for gambling is a disadvantageous reason to the defendant.

In addition, considering various sentencing conditions, such as the defendant's age, sex, environment, result of the crime, and circumstances before and after the crime, even if considering the defendant's assertion, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of grounds.

arrow