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(영문) 대전지방법원 2016.10.27 2016노1970

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants is too unreasonable that the lower court’s punishment (for six months of imprisonment, two years of suspended sentence, two years of community service order, Defendant B: imprisonment for eight months, two years of suspended sentence, two years of suspended sentence, eight hours of community service order, 80 hours of compliance driving lecture, 40 hours of order of compliance driving lecture) is too unreasonable.

2. The fact that the Defendants paid the amount of damage to the victim of the instant fraud crime is favorable to the Defendants.

However, Defendant A has been subject to punishment several times, and Defendant B has the records of having been punished several times for the same kind of crime, and taking full account of the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances before and after the crime, the lower court’s sentence against the Defendants is too unreasonable, and thus, the Defendants’ assertion of unfair sentencing is without merit.

3. In conclusion, since all of the defendants' appeals are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.