logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.03.16 2018노107
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal 1) The sentence imposed by the Prosecutor (one year of imprisonment) by the lower court (one year of imprisonment) is too unhued and unreasonable.

2) The sentence imposed by the lower court is too unreasonable.

2. The following facts are favorable to the Defendant.

The criminal intent of the Defendant to commit the instant crime is weak, and the degree of participation is relatively minor.

The victims do not want to punish the defendant.

The defendant has no history of criminal punishment.

On the other hand, the fact that the criminal defendant's participation is very disadvantageous to the defendant that the whole citizens of the Republic of Korea is a criminal target, and that the crime is very unfavorable to a non-discriminatory crime by misrepresenting the financial institution, etc.

The lower court sentenced the Defendant to one year of imprisonment in consideration of the aforementioned circumstances and the recommended sentencing guidelines of the Supreme Court Sentencing Committee.

In full view of the conditions of sentencing, the sentencing decision of the court below exceeded the reasonable limit of its discretion when comprehensively taking into account the conditions of sentencing, the applicable sentences, and the sentencing criteria, etc. in the trial.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that it is unfair to maintain the judgment of the court below.

In addition, considering the character and conduct, family relations, the circumstances and results of the instant crime, etc. of the Defendant, the sentence of the lower court is appropriate, and it is not recognized that it is too poor or unreasonable.

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

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow