logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.03.19 2019노3673
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the Defendant and the Prosecutor’s argument regarding the grounds for appeal.

The defendant has been sentenced to criminal punishment for the same kind of crime several times, and on May 16, 2019, he was sentenced to 10 months of imprisonment with prison labor for the crime of fraud (the crime of this crime and the criminal defendant acquired alcohol, etc. during the period of repeated crime) on August 31, 2019, and committed the crime of this case within a short time without being aware of the completion of the execution of the sentence.

However, the circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects his mistake, and that the victims do not want the punishment of the defendant by mutual consent with all the victims.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, details, motive, means, and consequence of the crime, and other circumstances that form the conditions for the pleadings and the sentencing as indicated in the records, such as the circumstances after the crime, it is not recognized that the lower court’s punishment is too 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 groundless, 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