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(영문) 인천지방법원 2017.03.10 2016노5345

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (three years of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. First of all, examining the evidence duly adopted and examined by the court below, and the defendant's mobile analysis details, it is judged that the defendant served as a key part of the crime of Bosing in China.

In light of the fact that the defendant has no record of punishment for the same kind of crime, the sentencing factor for the defendant is favorable to the defendant, and there is a need for strict punishment due to the nature of the Bosing crime, and the degree of the defendant's participation in the crime is significant, etc., taking into account the defendant's age, sex and environment, means and consequence of the crime, and other circumstances that are conditions for sentencing as stated in the records, such as the defendant's age, sex and environment, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too heavy or it cannot be deemed unfair

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