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(영문) 부산지방법원 2017.09.14 2017노2370

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On the summary of the reasons for appeal (six months of imprisonment) by the court below, the defendant asserts that the defendant is too uneasy and the prosecutor is too uneasy and unfair.

2. The fact that the money acquired by the Defendant from the victimized person is up to KRW 24.7 million, and most of the damages suffered by the victim is not recovered, etc. is disadvantageous.

However, in full view of the following: (a) the Defendant for the first time committed a crime; (b) the Defendant’s health is not good; (c) the Defendant supports the aged parent without having any criminal record for the same kind of crime; (d) there is no criminal record exceeding the fine; and (e) other various conditions of sentencing as indicated in the records and theories of changes, such as the Defendant’s age, sex, environment, etc., the sentence imposed by the lower court is too heavy or less.

It is judged that it is appropriate.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.