beta
(영문) 서울북부지방법원 2017.09.21 2017노1120

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

In light of the circumstances favorable to the defendant, including the fact that the defendant recognized the crime of this case and reflects on the fact that he was punished for the same kind of crime, and there are several records that the defendant committed the crime of this case during the repeated crime period, and the victim was significantly damaged due to the crime of this case, and the defendant was unable to recover the damage properly, as well as other circumstances that are disadvantageous to the defendant, such as the motive and background leading up to the crime of this case, the situation before and after the crime of this case, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed unfair because the punishment imposed by the defendant is too heavy or unfeasible. Thus, each argument about the punishment of the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1), Article 31(1), Article 31(2), and Article 25(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is added to the last sentence among the application of the statutes of the judgment below, and the written judgment of the court below is corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure).