logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.08.10 2016노1658
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) received a discount of a promissory note from E and delivered it to H for the discount; (b) H arbitrarily used it; and (c) the Defendant would give a discount of a promissory note.

E It is not the case of deceiving the E and deceiving the promissory note from them.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The defendant argued that the above facts were the same as the alleged mistake in the court below, and the court below rejected the above argument in its reasoning. In full view of the evidence duly adopted and examined by the court below and the witness H's testimony in the trial, the above judgment of the court below is just and it is sufficiently recognized that the defendant deceiving E and received a promissory note from the defendant. Thus, the defendant's assertion of mistake is without merit.

B. In light of the following facts: (a) the Defendant committed a second offense despite having the history of punishment, such as punishment for the same crime; (b) the Defendant denied the crime; and (c) the Defendant’s age, sex, family environment; and (d) the circumstances and results of the instant crime; and (b) reviewing all the conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, sex, family environment; and (c) the circumstances and the subsequent circumstances, it is deemed that the lower court’s punishment is too unreasonable; and

3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.

arrow