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(영문) 서울중앙지방법원 2017.08.24 2017노2092
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The sentence imposed by the court below on the summary of both appeals is too heavy or too minor.

2. The circumstances are favorable to the fact that the judgment of the accused recognized the crime and reflects it, voluntarily surrenders, the fact that the accused has no previous record in Korea, and the accomplice has repaid a significant portion of the amount of damage, thereby recovering the damage.

However, it is a planned intelligent crime, and the period and amount of damage are reasonable.

The degree of participation of the defendant and the benefit of the crime are important.

No one has contributed to the recovery of damage.

In addition, in full view of all the sentencing conditions shown in the records of this case, including age, sex, environment, process leading to the crime, and circumstances before and after the crime, the punishment sentenced by the court below is appropriate.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in entirety on the grounds of merit.

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