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(영문) 인천지방법원 2018.05.16 2017노2474 (1)

사기등

Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (one year and six months of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s sentence that the lower court sentenced the Defendants (Defendant A: one and half years of imprisonment; two years of suspended sentence in August; two years of suspended sentence in June; and two years of suspended sentence in June) is deemed to be too unfasible and unfair.

2. Taking into account the various sentencing conditions as shown in the records and arguments of the instant judgment, even considering the circumstances asserted by Defendant A and the Prosecutor on the grounds of appeal, the lower court’s punishment against Defendant A is too heavy, or the lower court’s punishment against the Defendants is too excessive and unreasonable.

3. In conclusion, the appeal filed by Defendant A and the prosecutor is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by Defendant A and the prosecutor is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, “Defendant B and D” of the 15th sentence of the judgment below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure and “C,” and “1. The protection and observation of the 15 and 16th sentence,” and “Article 62-2 of the Criminal Procedure Act,” are deleted).