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(영문) 수원지방법원 2016.04.21 2016노671

사기

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 (four months of imprisonment) is too unreasonable.

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

2. The circumstances are favorable to the Defendant, such as the following: (a) the Defendant’s assertion of the judgment and the prosecutor are against the instant crime; (b) the Defendant’s criminal proceeds acquired by the instant crime are relatively wide; and (c) the circumstances for supporting the children admitted to the former elementary school are as follows:

On the other hand, the fact that the recovery of damage caused by the instant crime has not yet been achieved, that the Defendant had a history of criminal punishment, including two times of punishment for the same crime of fraud, and that the Defendant committed the instant crime against an unspecified number of people via the Internet, again committed the instant crime in an excessive amount after being discharged from prison by committing a criminal punishment due to the fraudulent act under the Act by deceiving the transaction price against an unspecified number of people through the Internet.

When comprehensively taking into account all these circumstances, the defendant's age, sexual conduct, environment, etc., the sentencing of the court below cannot be deemed to be too weak or unfair.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.