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(영문) 서울중앙지방법원 2016.08.25 2016노2283

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. In full view of all the circumstances favorable to the Defendant, including the following: (a) he/she took part in the commission of a crime with intent to easily impose money, (b) took part in the withdrawal of cash over several times from March 18, 2016; (c) withdrawal and delivery of cash is an essential role in the scaming crime; and (d) he/she is a primary offender disadvantageous to the Defendant; and (c) the amount of the acquired money prosecuted by the instant case is not so significant; and (d) it does not seem unfair because the sentence of the lower court is too heavy or unhued.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit.