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(영문) 서울북부지방법원 2017.08.10 2017노1164
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: 3 years of imprisonment, Defendant B: 2 years of imprisonment, and 3 years of suspended execution) sentenced by the court below against the Defendants is too unreasonable.

B. The lower court’s judgment is so unfair that each of the above types of punishment, which the lower court committed against the Defendants, is too unfluent.

2. Under the judgment on the grounds of appeal, the Defendants and the Prosecutor’s improper arguments on the sentencing are also examined.

In light of various circumstances, including the motive and background leading to the instant crime, the circumstances before and after the instant crime, the Defendants’ age, sexual conduct, environment, etc., the Defendants’ respective punishment imposed by the lower court is too heavy or unreasonable, and thus, it cannot be deemed unfair on the grounds that each of the Defendants’ respective punishments imposed by the Defendants are too heavy or unreasonable, and thus, the Defendants’ and the prosecutor’s unfair sentencing claims are without merit.

3. As such, the appeal by the Defendants and the public 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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