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(영문) 수원지방법원 2016.11.18 2016노3686
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the Defendant (a fine of 4 million won) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case is an unfavorable circumstance that the defendant stolen another person's wall and forged an application for joining a private document's mobile phone using another person's identification card, and acquired a mobile phone by fraud, and that the method of committing the crime is planned and thus is not good enough to commit the crime.

On the other hand, the defendant paid damages to the victims and agreed smoothly with the victims, and the defendant is the first offender in favor of the victims.

In full view of the above circumstances and other factors of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, means and consequence of the offense, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or too uneasible.

3. In conclusion, the appeal filed 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.

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