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(영문) 서울북부지방법원 2016.12.16 2016노1990

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

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

2. In the appellate trial, the Defendant paid 1 million won to the victim K and agreed.

There are circumstances in which the damage was not realized because the defendant was the first offender and the defendant did not withdraw the amount of the damage from the singishing.

However, a crime committed by the defendant is a so-called voiceing crime, and social harm is serious due to the scam and organized typically, and it is difficult to eradicate the crime because it is difficult to detect participants, and if a person who participated in the crime is discovered, the responsibility should be strictly asked to prevent another person from attempting to commit the crime.

In addition, considering all the circumstances asserted by the Defendant and the prosecutor as the grounds for appeal, the lower court’s punishment is heavy or unreasonable, even if it is deemed that the Defendant and the prosecutor’s allegation as the grounds for appeal are unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. If so, all appeals filed by the Defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.