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(영문) 부산지방법원 2016.09.02 2015노3380

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the summary of the grounds for appeal, the punishment (two months of imprisonment and a fine of five hundred thousand won) of the judgment of the court below is too unfasible, the prosecutor is too unfased and unreasonable.

2. The fact that the defendant can have been punished for the same crime, and that each of the crimes of this case committed during the period of repeated crime is an unfavorable circumstance to the defendant.

However, the fact that the defendant reflects the mistake in depth, that the amount acquired by deception is a small amount, and that the degree of intimidation is not much serious is favorable to the defendant.

In full view of such circumstances and other circumstances, the Defendant’s age, character and conduct, environment, the background and motive leading to the instant crime, and all other matters regarding the sentencing as indicated in the instant records and pleadings, it is not deemed that the lower judgment’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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