(영문) 수원지방법원 2018.01.23 2017노8340 | 리걸엔진

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) 수원지방법원 2018.01.23 2017노8340

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (3 million won in punishment, 2 years and 6 months in imprisonment) is too unreasonable.

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

2. The following circumstances are favorable: (a) the Defendant’s mistake is recognized and against the victim; (b) seven victims have agreed with each other; and (c) each fraud against victim D, E, and F is in the relation of concurrent crimes with the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below where the judgment of the court below became final and conclusive; and (d) the need to consider

However, there are many kinds of records that the defendant has been punished as punishment, suspension of execution, and fine by committing the crime of this case during the period of the suspension of execution of the same kind of crime, and the amount of damage is 240 million won or more, and the amount of damage is not yet agreed with four victims, and the amount of damage is more than 170 million won, using the defendant's family member who is under criminal trial and his wife's wife, and the defendant has repeatedly committed the crime of the above several laws, and thus, the nature of the crime is very not good, taking full account of various circumstances, such as the period of the crime, frequency of the crime, motive, means, and consequence of the crime, and the circumstances after the crime, etc., of the court below's sentencing, it cannot be deemed that the sentencing of the court below is too excessive or too excessive, or it goes beyond the reasonable scope of discretion by putting it unfrighted.

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

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the court below’s judgment on October 25, 2012, stating that “an appeal, etc. is made” under Article 364(4) of the Criminal Procedure Act, “an appeal shall be made,” and the court below’s judgment on October 25, 2012 shall be corrected ex officio in accordance with Article 25(1) of the

참조조문

-형사소송규칙 제25조 제1항

유사 판례

-대전지방법원 2017.04.26 2016노3784

-인천지방법원 2017.12.01 2017노3063

-수원지방법원 2018.11.28 2018노5865

-의정부지방법원 2017.01.12 2016노2911

-수원지방법원 2017.09.29 2017노5177