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(영문) 춘천지방법원 2017.09.28 2016노1011

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service time of 120 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances that are disadvantageous to the Defendant are: (a) the amount obtained by the Defendant is not substantial; (b) the injured party wants to punish the Defendant because it did not reach an agreement with the victim; and (c) the Defendant leaves the crime of this case during the period of parole.

However, the fact that the defendant recognized the crime of this case and reflected, and that the victim deposited the total of KRW 50 million as the compensation for damages, etc. with the victim as the person who was the principal of the crime of this case, is favorable to the defendant.

In light of all the circumstances, including the above circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., it is not recognized that the lower court’s sentencing was too heavy or it exceeded the reasonable scope of discretion as it was frightened.

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.