(영문) 인천지방법원 2020.09.17 2020노976 | 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) 인천지방법원 2020.09.17 2020노976

사기등

Text

Defendant

All of the appeal filed by A and the appeal filed by the Prosecutor B and C shall be dismissed.

Reasons

Summary of the grounds for appeal (unfair form of punishment)

A. Defendant A’s imprisonment (two years and six months of imprisonment and additional collection) is too unreasonable.

B. Each sentence of the lower court against Defendant B and C by the Prosecutor (Defendant B: fine of KRW 5 million and confiscation; fine of KRW 5 million and fine of KRW 5 million) is too uneased and unreasonable.

2. Determination

A. The Defendant recognized all of the instant crimes against Defendant A and reflected his mistake, etc. are favorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant’s liability is heavy in light of the developments, frequency, details, and amount of deception, etc. of each of the crimes in this case; (b) the damage caused by the fraud has not yet been recovered until now; (c) the Defendant committed each of the crimes in this case during the repeated crime period due to the fraud; and (d) the Defendant committed an escape during the course of being investigated; and (c) the circumstances constituting the conditions for sentencing, such as the background, means, results, and circumstances after the crime, the lower court’s punishment cannot be deemed unreasonable

Therefore, the defendant's assertion is without merit.

B. The crime of attempted criminal committed against Defendant B requires strict punishment to obstruct the State’s proper criminal justice, the fact that the Defendant committed the instant crime during the period of suspension of execution, and the Defendant requires high awareness of ethics as an attorney-at-law, etc. that is more likely to criticize the Defendant is unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) some of the circumstances to be considered in the course of the instant crime; and (c) other circumstances that form the conditions for sentencing, such as the background, means, consequence, and the circumstances after the instant crime, it cannot be deemed that the lower court’s punishment is too unreasonable and unreasonable.

Therefore, prosecutor's assertion is without merit.

C. The State's crime of escape against Defendant C.

유사 판례

-수원지방법원 2013.12.18 2013노4117

-수원지방법원 2016.11.18 2016노5132

-대구지방법원 2013.08.23 2013노512

-인천지방법원 2020.06.11 2019노4155

-대전지방법원 2015.09.17 2015노1841