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(영문) 의정부지방법원 2015.07.10 2015노29

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's imprisonment with prison labor for six months imposed by the court below is excessively unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. The court below determined the punishment of the defendant in light of the following factors: (a) the circumstance favorable to the defendant as shown in the arguments and records of this case (the defendant alleged that he/she was guilty of the crime of this case and reflects his/her mistake in depth; (b) the victim D and F have withdrawn his/her complaint under the agreement with the victim G; (c) the victim D and F have been partially repaid before the prosecution of this case; (d) the basic livelihood security recipient could not have sufficient economic situation; (e) the state of health is not satisfactory to the degree of delayed disability 4; and (e) the details and methods of the crime of this case, degree of damage (1.5 million won) and circumstances unfavorable to the defendant, including the contents and methods of the crime of this case; (e) the victim D and F have no agreement or complete damage recovery; and (e) the court below did not have any specific motive and circumstance that the defendant had been sentenced to punishment in this case; and (e) the circumstances and circumstances of the defendant's change in circumstances and health; (e) the defendant's motive and circumstances of this case; (g) there were no specific circumstances and circumstances.

3. Thus, the appeal by the defendant and the prosecutor is justified.