(영문) 서울북부지방법원 2016.12.23 2016노1524

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.12.23 2016노1524

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Reasons for appeal;

A. Defendant 1) The crime of misunderstanding the legal doctrine constitutes a case where the period of filing a complaint against a victim subject to victim’s complaint has lapsed due to a crime between relatives who did not live together. (2) The mistake of facts did not intend to acquire by deception

3 The lower court’s sentence of unreasonable sentencing is hot.

B. The prosecutor’s sentence of the lower court is less than that of the Plaintiff.

2. Determination

A. As the court below properly stated in the judgment of the court below on the defendant's assertion of misunderstanding the legal principles or mistake of facts, the period of the complaint of this case shall run from the time when the complainant knew the offender that he did not have the intent and ability

Considering the circumstances as stated in the lower court’s judgment that are duly admitted and admitted by the evidence, it appears that the complainant was aware of the Defendant’s deception on May 18, 2015. The complainant filed a complaint on July 7, 2015, which was before six months elapse from the complainant, and the Defendant’s assertion of the misapprehension of the legal doctrine is unacceptable.

Furthermore, according to the evidence duly examined and adopted, the defendant's assertion of mistake of facts is not acceptable, since the defendant's intent to acquire the crime is sufficiently recognized.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below on the argument of unfair sentencing by the defendant and prosecutor.

In light of all the circumstances asserted by the Defendant and the prosecutor as the grounds for appeal, the lower court’s punishment is unreasonable or light, even if it is considered that the Defendant and the prosecutor’s allegation as the grounds for appeal in the instant case’s records and arguments.

3. All appeals filed by the Defendant and the Prosecutor cannot be accepted.

유사 판례

-서울북부지방법원 2016.10.14 2016노1382

-서울북부지방법원 2016.12.16 2016노1324

-수원지방법원 2014.12.05 2014노3441

-울산지방법원 2020.10.30 2020노896

-대구지방법원 2015.02.06 2014노3111