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(영문) 청주지방법원 2016.12.15 2016노1117

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Circumstances favorable to the defendant are as follows.

The defendant is deeply divided and reflected in each of the crimes in this case.

The defendant agreed with the K, N, AU in an investigative agency and the court below, and paid 3,400,000 won out of the amount of damage to W, and 500,000 won out of the amount of damage to AA, respectively.

At the lower court, the Defendant paid KRW 500,000 out of the unpaid wages to AH.

The degree of injury suffered by the victim is relatively minor.

Circumstances unfavorable to the defendant are as follows:

approximately 6,00,000 won and about 11,860,000 won in unpaid wages.

Until the trial of the case, most of the victims have not been recovered, and the victims except for some victims mentioned above are punished for the defendant.

The defendant inflicted an injury on the worker who demanded the payment of wages.

In 2004, the defendant was sentenced to imprisonment for 10 months due to fraud, etc. and was sentenced to criminal punishment for the same kind of crime.

In the above circumstances, there is no change in circumstances that would otherwise change the sentence of the court below when it comes to the trial, and taking into account the Defendant’s age, character and conduct, career, environment, circumstances and result of the crime, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, the sentence of the court below is too unreasonable.

It can not be said that it is improper because it is too unfeasible or too unfasible.

The defendant and prosecutor's assertion are without merit.

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.