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(영문) 서울북부지방법원 2016.08.11 2016노918

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, order of observation of protection, order of community service order 120 hours, additional collection 40 million won) 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.

The crime of this case is committed by deceiving the victim and acquiring money under the pretext of soliciting public officials to handle the affairs of the public official, and the responsibility for the crime is not easy, and the defendant has the history of punishing the suspension of the execution of the same crime, such as the fact that the defendant has been punished for the same kind of crime, and the circumstances favorable to the defendant such as the repayment of damages to the victim in full, and the fact that the victim has cancelled the complaint. In addition, considering the motive and background leading up to the crime of this case, the circumstances 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 to be unfair because it is too heavy or unfeasible, and thus the defendant and the prosecutor'

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.