beta
(영문) 의정부지방법원 2013.11.14 2013노1880

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment, and confiscation) is too unreasonable.

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

2. Although considering the circumstances such as the confession of the accused, the confession of his mistake, and the fact that the degree of participation in certain crimes appears to be minor, each of the crimes of this case is a majority of criminal punishment. The defendant's charges of this case are a criminal committed during the period of repeated crime of the same kind, the majority of the victims, the victims did not have much amount of damage, the victims did not recover from damage, the crime of this case was not agreed upon, and the crime of this case is not suitable for the nature of the crime, taking into account all the factors leading to the crime, other factors leading to the crime, the age of the defendant, character and conduct, the criminal act of this case, and the circumstances after the crime, etc., and taking into account all the sentencing conditions in the records of this case, the judgment of the court below against the defendant is deemed to be proper and too heavy or unfair. Thus, the defendant and the prosecutor's assertion on this issue are without merit.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.