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(영문) 인천지방법원 2017.06.02 2017노716

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

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

2. The damage amount of this case exceeds KRW 850 million. The victims suffered serious monetary damage, such as loss of property collected for their occupation for a long time, due to the crime of this case, the victims did not recover from the damage every several years. The victims want to live and have mental pain, and the defendant was punished for the same kind of crime (one time of suspended execution), and the defendant's mistake was recognized when he was in the first instance court. The defendant agreed with the victim AH, L, AM, X, Z, AD, AC, YC, AB, and P, and other favorable circumstances such as the victim's agreement with the victim, L, AM, AD, AC, AB, AB, and P, and other favorable circumstances such as the victim's agreement to the sentencing guidelines set by the Supreme Court Decision on the sentencing of the Supreme Court (two years and eight years to seven years), and the defendant's allegation that the defendant's health and health were reduced or exempted in all stages of the crime of this case, and the court below rejected the sentencing range of the defendant's and the defendant's age of injury.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure that “the pertinent legal provision and choice of punishment for the crime of 1. Criminal Procedure” in the application of the law of the lower judgment is to add “in all by victim” in front of “the choice of imprisonment,” and “ex officio rectification is made.”