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(영문) 전주지방법원 2018.02.09 2017노1609

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the imprisonment of 10 months and the fine of 5,000,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A favorable circumstance is recognized, such as the fact that the Defendant recognized a mistake and opposed to the judgment, that the victim BN expressed the intent that the Defendant would not want the punishment against the Defendant, that is, the victim BN expressed the intent that the Defendant would not want the punishment against the Defendant, and that the Z, AT, and AM expressed the intent that the name was stolen in the trial.

However, on the other hand, the crime of this case is not deemed to be unfair because of the fact that the crime of this case was committed in light of the forgery of private documents, the violation of the Personal Information Protection Act, the name and fraud used for the crime of violation of the Resident Registration Act, the victim's total damage amounting to 50 million won, the total damage amounting to 50 million won, and other circumstances such as the circumstances, method, frequency, etc. of the crime, most of the damage amount has not been recovered, and the defendant's age, sexual behavior, environment, family relation, etc., and all of the sentencing conditions in this case and the theory of change.

Therefore, the argument that the sentencing of the prosecutor and the defendant is unfair is rejected.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.