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(영문) 수원지방법원 2015.01.26 2014노6863
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the substance of the crime, method, etc. of the crime, the nature of the crime in question is inferior, and even though the amount of damage caused by the crime in this case exceeds 100 million won, the damage has not been recovered at all. However, in full view of the fact that the defendant has a profound radius from his mistake and there is no record of punishment exceeding the fine, and that there is no other evidence of punishment against the defendant, the court below’s punishment is too heavy or unreasonable, taking into account all the sentencing conditions shown in the argument in this case, such as the defendant’s age, character

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is

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