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(영문) 서울중앙지방법원 2017.06.01 2017노973

사기

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for 2 years and 6 months, Defendant B: imprisonment with prison labor for 6 months and one year of suspended execution) declared by the lower court against the Defendants is unreasonable.

B. The sentence of the lower court against Defendant A is too unreasonable.

2. Determination

A. In full view of the following circumstances: (a) the nature of the instant crime against Defendant A is very bad; (b) the amount of damage is considerably weak; (c) the degree of the Defendant’s participation in the instant crime is not easy; (d) the Defendant’s failure to recover damage; and (e) there was no record of punishment for the same kind of crime in the Republic of Korea; (e) the Defendant has been punished for the same crime; and (e) the favorable circumstances, such as the recognition of and reflects the Defendant’s mistake when the Defendant was in the heart; and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, and the circumstances after the instant crime, the lower court’

B. As to Defendant B, the crime of this case is bad, the amount of damage is not significant, and the fact that the injured party agreed with the Defendant at the lower court withdraws his intent to agree on the grounds of delayed payment of the agreed amount, etc. is disadvantageous to the Defendant.

However, there is a benefit that the defendant personally acquired through the crime of this case.

In full view of the following facts: (a) there is no evidence to view; (b) the payment of all the agreed amounts that the victim promised at the original judgment was made in the first instance trial; (c) partial damages were recovered; (d) the Defendant did not have any criminal record exceeding the same criminal record or fine; and (e) the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the crime; and (e) the various sentencing conditions indicated in the records and arguments,

3. Conclusion, Defendant A and the Prosecutor’s appeal are without merit, and all of them are dismissed, and the part against Defendant A in the application for the instant compensation order was rejected in the lower court.