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(영문) 수원지방법원 2015.11.13 2015노4396
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

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

2. The judgment of the defendant is very poor that the crime of this case is committed, such as actively deceiving the victim, acquiring money from the victim after having a relationship with the victim, and sending text messages to the offender to the victim to the effect that he committed suicide by sexual assault of the victim in order to threaten the victim.

On the other hand, it is advantageous to the fact that the defendant led to confession and reflect on the crime, that the defendant is the first offender, that the court below deposited KRW 24.5 million at the court below for the victim, and that the defendant was suffering from mental illness before this case.

Considering the above various sentencing conditions, including the Defendant’s age, character and conduct, criminal records, background leading to the commission of the crime, details of the crime, amount of damage, and circumstances after the crime, the sentence of the lower court cannot be deemed to be adequate, too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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