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(영문) 서울고등법원 2014.11.07 2014노2233

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable, and thus the prosecutor appealeds from each of the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. Determination

A. The Defendant asserts only the grounds for appeal on unreasonable sentencing as the grounds for appeal, and argues that the specific circumstances of the case are elements of sentencing.

1) According to the evidence duly admitted and examined by the court below, the facts alleged by the court below are recognized. Accordingly, the circumstances on the background, etc. of each of the crimes in this case alleged by the defendant are considered as elements of sentencing. 2) Although the defendant claims that the check was recovered and the check holder did not want to be punished, it is not sufficient to recognize the check by comprehensively considering the testimony of the witness of the party in this case and other evidence, the P expressed his intention not to be punished is not the person who recovered the above check.

Therefore, the defendant's above assertion is without merit.

In addition, the Z which is the Z which is the main body of the defendant in the trial is not recognized as the person who has received and possessed the above Z.

However, as above, the fact that P and Z want the Defendant’s wife is considered as favorable to the Defendant.

B. The fact that the amount of damage to the instant crime is considerable, that the Defendant suffered damage to many people and escaped from the Republic of Korea, that there was an agreement with the victims other than the victim P or that there was no repayment of damage, etc. is disadvantageous to the Defendant.

There are no criminal records of the defendant in the same kind and suspended execution or more, and the defendant recognizes the defendant as a substitute for his own crime and repents his wrong, the victim P does not want the punishment, and the defendant's health status is not good due to his own disease, etc. are favorable to the defendant.

. The above.