logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.03.28 2012노4338
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. We also examine the arguments of the defendant and the prosecutor regarding the grounds for appeal.

In light of the Criminal Code, frequency, damage amount, etc., there are circumstances unfavorable to the defendant, such as the fact that the nature of the crime is not good, the damage was not recovered even if the amount of the fraud was not so much, and there was no agreement with the victims, while the defendant committed a crime, he does not commit such a crime again, he does not have any criminal record exceeding the fine prior to the crime of this case, and there was no criminal record prior to the crime of this case, and the crime of fraud should be considered at the same time in the judgment of the concurrent crime of the latter part of Article 37 of the Criminal Code. In full view of other various circumstances, considering the defendant's age, character and behavior, environment, circumstance and motive of the crime of this case, means and consequence, circumstances after the crime of this case, etc., the sentence imposed by the court below is deemed appropriate, and it is not recognized that the defendant is excessively heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow