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(영문) 전주지방법원 2015.05.15 2015노219
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and four months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case, although the defendant did not intend to work at a entertainment establishment, is planned to receive advance payment from the victims and acquired money exceeding KRW 100,000 through 20 times by means of escape. In light of the method of crime, frequency of crime, amount of damage, etc., the nature of the crime is inferior, and the defendant does not appear at all to endeavor to recover the victims from damage, strict punishment should be imposed on the defendant.

However, in light of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant recognizes the crime of this case and reflects the mistake, that the defendant has no record of criminal punishment, or that there is no other means of sentencing, such as the defendant's age, character and conduct, family environment, it is not recognized that the sentence imposed by the court below is too minor or unreasonable.

Therefore, both prosecutor and defendant's arguments are rejected.

3. If so, the appeal by the prosecutor and the defendant 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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