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(영문) 창원지방법원 2018.06.21 2018노757

사기

Text

Defendant

B and C Each appeal and prosecutor’s appeal against the Defendants are dismissed in entirety.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (ten months of imprisonment) is too unreasonable.

B. Defendant C’s punishment (two years of imprisonment) is too unreasonable.

(c)

Each sentence (Defendant A: a fine of KRW 3 million, Defendant B: imprisonment with prison labor for 10 months, Defendant C: imprisonment with prison labor for 2 years, Defendant D: imprisonment with prison labor for 10 months, and 2 years of suspended execution) of the lower court against the Defendants is too unfasible.

2. Determination

A. In full view of the reasons for appeal by Defendant B, C, and Prosecutor, each of the sentencing factors indicated in the records of the instant case appears to have been appropriately determined by fully considering all the circumstances, including Defendant B, C, and prosecutor’s various sentencing factors asserted by the lower court, and no special circumstance exists to the extent that the lower court’s sentence should be changed.

Therefore, the above assertion by the defendant B, C, and prosecutor is without merit.

B. Examining the ex officio review period for the registration of personal information of Defendant B and C, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.), the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices Act, etc.), the degree of damage inflicted on the victim due to the crime, the reason considered in sentencing, and the circumstance of concurrent crimes, etc., in light of the lower court’s determination of the period for the registration of personal information under Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, it cannot be deemed that there is any circumstance to set

3. In conclusion, each appeal filed by Defendant B and C and each appeal filed by the prosecutor against the Defendants is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.