logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.10.29 2020노2785
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentencing (eight months of imprisonment) by the Prosecutor is too unhued and unreasonable.

2. Determination

A. The lower court determined a punishment in consideration of various sentencing factors, including the following: (a) the Defendant had the record of having been punished several times for the same crime; (b) repeatedly committed a crime on 17 occasions from January 1, 2020 to April 3, 2020, the date of release from the prison, from January 1, 2020 to April 3, 2020, the amount of damage did not recover from damage; (c) the Defendant’s name was not restored to 4.5 million won; (d) the Defendant recognized the crime and took an attitude against him/her; (e) the Defendant was deemed to have committed the

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the Defendant and the prosecutor’s argument of unreasonable sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, 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