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(영문) 부산지방법원 2018.05.18 2018노622

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In light of the form, method, frequency, etc. of each of the instant crimes, it is recognized that the liability for the relevant crime was grave, that the amount of damage exceeds the total of KRW 154 million, and that the damage was not recovered properly, and that most of the victims did not agree with the victims.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy, or too unreasonable, because it is too heavy, in light of the following: (a) the Defendant’s confession of all of the instant crimes, and his mistake is divided; (b) the Defendant was the first offender; (c) the Defendant agreed with the Council of the Victims; (d) the Defendant partially discharged the damage; and (e) the Defendant’

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and the appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is obvious that the "victim" of the 3th to 7th end of the judgment of the court below is a clerical error of the "victim", and it is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure