logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.22 2017노1226
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the background, content, means, method, and consequence of each of the instant crimes, and the circumstances before and after the commission of the crime, the Defendant had a mental and physical loss or mental weakness at the time of each of the instant crime committed in the lower judgment.

Therefore, this part of the defendant's assertion is without merit.

B. The fact that the defendant recognized the crime and reflected in the determination of the unfair argument of sentencing, and that the above victims do not want the punishment of the defendant under the mutual agreement with the victim C, F, G and the defendant is favorable to the defendant.

However, the crime of this case was committed by the Defendant on the ground of various names, such as the discount of household checks, the revised book storage fees, printing expenses, and the registration expenses for certified judicial scriveners, by deceiving the amount exceeding KRW 50 million for a long time from four victims, and thus, the criminal liability is not weak.

Victim H still wishes to punish the defendant.

The lower court determined the punishment by comprehensively taking into account such circumstances and the Defendant’s age, sex, criminal records, motive and background of the instant crime, means and consequence of the instant crime, and various factors of sentencing as indicated in the theory of change, including the circumstances after the crime.

In the instant case where there is no additional change in circumstances in the course of the trial, the sentencing of the lower court is within the reasonable scope of its discretion.

On the other hand, the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

arrow