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(영문) 청주지방법원 2019.09.20 2019노888

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. A favorable circumstance is that the Defendant’s attitude to recognize and reflect the Defendant’s criminal act, and that there was no record of punishment for the same kind of crime, and that the said victim did not want the Defendant’s punishment by mutual consent with the victim G of the case No. 2018 Goju District Court Decision 2018Da1395, etc.

On the other hand, the fact that the amount acquired by the defendant is not less than KRW 89 million, and that the above victim wanted to punish the defendant because he did not agree with the victim of the case in Cheongju District Court 2018 Goju District Court 2018 Godan1324, etc. is disadvantageous.

In full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, means and consequence, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.