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(영문) 서울북부지방법원 2013.10.24 2013노1030

컴퓨터등사용사기등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence is too unhued and unreasonable.

B. Defendant A (1) There was no intention to mistake the fact-finding.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

C. Defendant B’s punishment is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to Defendant A’s assertion of mistake of facts, Defendant A’s aforementioned assertion has no merit since it can be acknowledged that Defendant A acquired the victims’ property and property gains as stated in the facts constituting a crime in the judgment below.

B. As to the Defendants’ assertion of unfair sentencing by the prosecutor and the Defendants’ assertion of unfair sentencing, the lower court’s respective sentences against the Defendants are not somewhat or unreasonably unreasonable, taking account of the following: (a) the prosecutor and the Defendants’ assertion of unfair sentencing are without merit.

3. In conclusion, since both the prosecutor and the Defendants’ appeal are without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.