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(영문) 서울중앙지방법원 2017.06.01 2017노413
사기
Text

Defendant

All appeals filed by B, C, E, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant B: Imprisonment of 2 years and 6 months, Defendant C, and E: Imprisonment of 1 year and 6 months, Defendant F: Imprisonment of 1 year and 2 years of suspended execution in October) declared by the lower court against the Defendants is deemed to be too uneasible and unfair.

B. Defendant B (1) misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant had the intent and ability to register the instant land ownership share as an individual parcel, and did not conspired with Defendant E, etc. to acquire money from the victims.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

(c)

Defendant

C. The sentence of the lower court is too unreasonable.

2. Determination

A. The Defendant asserted as to Defendant B’s mistake of facts or misapprehension of the legal doctrine at the lower court, and the lower court rejected the Defendant’s assertion by clarifying the reasons in detail.

In full view of the evidence duly adopted and examined by the court below, the above determination by the court below is just, and this part of the defendant's assertion is without merit.

B. Defendant C and E’s judgment on the unfair argument of sentencing of Defendant B, C, E and prosecutor are acknowledged as criminal facts and reflects the fact, but there is no agreement with the victims, compared to the original judgment, there is no special change in sentencing conditions. In full view of the circumstances favorable to and unfavorable to the Defendants in detail of the lower court, and other various sentencing conditions shown in the instant records and arguments, including the Defendants’ age, sexual conduct, environment, and the circumstances after the crime, the lower court’s punishment is too heavy or it is unreasonable.

Defendant

There is no reason to believe that the sentencing of B, C, E, and Prosecutor is unfair.

3. Conclusion, the appeal by the defendant B, C, E, and prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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