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(영문) 서울동부지방법원 2015.09.04 2015노810
사기
Text

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

Reasons

The gist of the grounds for appeal by the Defendants is that the sentence of the lower court (one year of imprisonment with prison labor for Defendant A and one year of imprisonment for Defendant B) sentenced to the Defendants is too unreasonable. On the contrary, the gist of the grounds for appeal by the prosecutor is that the above sentence of the lower court is too unreasonable.

In light of the following circumstances: (a) Defendant A had the power to be punished for a criminal act of this case during the period of repeated crime; (b) Defendant A had already been punished for a criminal act of this case; (c) Defendant A committed the crime of this case at another time during the period of repeated crime; (d) damage has not been restored to a considerable part; (c) the risk of damage is not significantly realized; (e) the victims including E and the victims do not want to be punished; (b) the damage caused by the crime of this case is about KRW 16,508,90; (c) the damage caused by the crime of this case is not recovered most; (d) the victim F agreed with the victim F, but the Defendant B failed to fulfill the conditions agreed with the victim; and (e) there was no agreement with the other victims; and (e) Defendant B had no power to commit any crime for the last ten years; and (e) other various circumstances, including the age and environment conditions of the Defendants, etc., the lower court’ respective sentence is unreasonable or unreasonable.

Therefore, the appeal by the defendants and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the appeal by the defendants and the prosecutor is without merit. It is so decided as per Disposition

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