beta
(영문) 부산지방법원 2016.08.12 2016노1780

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (one year and six months of imprisonment) is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the crime of this case was committed by abusing the imminent mind of the parent, which is to find a regular teacher of a child, and the fact that the crime of this case is very poor in the nature of the crime by deceiving the victim by actively deceiving the victim, and that the amount obtained by deception is a large amount, the victim was suffering from a big mental and material pain due to this case, but the defendant was still unable to reach an agreement with the victim, and he was unable to repay the damaged amount, and there was a record of being sentenced to a suspended sentence due to the

It is not desirable that the defendant has committed the crime in this case, and that the victim has committed the money in the name of a child's solicitation, and that the defendant has the same criminal record as the defendant, but it is favorable to the defendant.

In addition, comprehensively taking into account the various circumstances shown in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable.

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