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(영문) 서울북부지방법원 2017.09.14 2017노1186
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of three years of imprisonment, additional collection of KRW 217,00,000) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

In light of the various circumstances, including the fact that the defendant recognized all of the crimes of this case, the first offender, etc., and the fact that the victim suffered damage due to the defendant's fraudulent act was unable to recover from damage, etc., which are favorable to the defendant, as well as the situation unfavorable to the defendant, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, sexual conduct, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be too heavy or too unreasonable, and thus, each of the unfair sentencing arguments by the defendant and the prosecutor are without merit.

3. As such, the appeal 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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