logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.12.30 2020노3480
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced to the defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, there are no changes in circumstances that may be considered in sentencing after the lower judgment, and the amount of damage inflicted by the victim is a large amount of KRW 150 million in total, and the Defendant was not able to receive a letter from the victim, in light of the various sentencing conditions indicated in the records and arguments in the instant case, even if considering the circumstances alleged by the Defendant as reasons for appeal, the lower court’s punishment against the Defendant is too unreasonable and it does not seem to have exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow