logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.09.09 2016노827
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The crime of this case is a case in which the defendant, by deceiving eight victims, received services such as interior works and signboard production, etc., and the quality of the crime is not less than that of the crime, and the defendant committed the crime of this case without being aware of the past history of criminal punishment for suspended execution as a same crime, even though he had been subject to criminal punishment for the same crime, etc.

On the other hand, the fact that the defendant recognized the crime of this case and against the mistake, that the defendant does not seem to have received the service from the victims with the intention to obtain the service cost, etc. from the beginning, and that the court below repaid the victims a total of 6.4 million won in the court below, and that the victim D does not want the punishment of the defendant by mutual consent with the victim D only.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow