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(영문) 서울북부지방법원 2017.11.02 2017노1527

사기미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is unfair because the punishment (one year of imprisonment, confiscation) imposed by the court below on the defendant is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

Under the judgment on the reasons for appeal, the defendant and the prosecutor's improper arguments are also examined.

In light of the circumstances that led to the instant crime, including the fact that the Defendant recognized the instant crime, and the Defendant’s act of fraud was committed in a planned and organized manner against many unspecified victims, and the fact that the commission of the instant crime was causing damage to an unspecified number of victims in a planned and organized manner, and other circumstances that are disadvantageous to the Defendant, such as the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the lower court cannot be deemed to be too heavy or unreasonable, and thus, each of the unlawful grounds for sentencing by the Defendant and the Prosecutor are without merit.

Therefore, 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 appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.