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(영문) 서울서부지방법원 2015.03.27 2015노204

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The punishment sentenced by the court below against the defendant (4 months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The sentence imposed by the court below is reasonable in light of the following: (a) the defendant recognized his mistake; (b) favorable circumstances such as the fact that the defendant agreed with the victim in the trial; (c) the fact that the defendant had been punished several times due to the fraud, which is the same kind of the crime of this case; (d) the fact that the defendant committed the crime of this case during the repeated crime; (e) the victim's misincing the victim to lend money to the defendant; and (e) the circumstances such as suicide; and (e) other unfavorable circumstances such as the circumstances before and after the crime of this case; and (e) other conditions of sentencing as indicated in the records, such as the defendant's age, character

3. In conclusion, the appeal filed 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.