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(영문) 서울중앙지방법원 2018.10.11 2018노1219

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant and the prosecutor is that the defendant is unfair due to excessive deprivation of punishment by the court below (three months of imprisonment) and that the prosecutor is improper because the above punishment is too unhued.

2. The fact that the Defendant committed the instant crime even though he had committed a repeated crime due to the same crime, despite the fact that he committed the instant crime, and that the nature of the instant crime is poor in light of the content of deception, the lower court’s punishment is not easy.

However, in full view of the fact that the Defendant recognized all of the instant crimes, and is in violation of depth, and favorable to the fact that the Defendant fully repaid the amount of damage to the victim and agreed with the victim, the Defendant’s age, sex, and environment, etc. comprehensively considered various circumstances that constitute the conditions for sentencing, the lower court’s sentence did not reach the degree of her discretion in sentencing.

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