logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.02.21 2017노5519
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments relating to sentencing.

In addition, the Defendant has been punished for the same crime several times, and committed each of the crimes of this case without being punished for a repeated crime, and at the same time, without being punished for a repeated crime, the Defendant was not recovered from damage to the victim Anststm shop Co., Ltd., and the fact that it did not reach an agreement with the said victim is disadvantageous to the Defendant.

However, the fact that the Defendant recognized all the facts charged in the instant case and reflected, the victim F received the amount of damage caused by the fraud from the father of the Defendant and received the return of the stolen damage and did not want the punishment of the Defendant, and the fact that the receipt for the food cost re-issued from the “D main point” was submitted, and that the damage caused by the fraud to the victim C is deemed to have been recovered, is favorable to the Defendant.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, health status, circumstances leading to the commission of the offense, means and consequence, and all the conditions of sentencing as shown in the instant records and arguments, such as the circumstances after the commission of the offense, the lower court’s judgment was proper and exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are in accordance with Article 364(4) of the Criminal Procedure Act.

arrow