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(영문) 수원지방법원 2016.09.29 2016노4800
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s arguments.

The fact that the Defendant appears to be against the instant crime, and that the equity should be taken into account in the case where the instant crime and the Defendant are adjudicated simultaneously with the final judgment, etc., is favorable to the Defendant.

However, the majority of the defendants were punished for the same kind of crime, and in particular, the crime of this case was committed repeatedly while serving imprisonment for the same kind of crime and repeated crime during the period of repeated crime. The amount of damage caused by the crime of this case is a total of 2,400 won, which is a considerable amount of damage, and it seems that the damage of victims E, etc. still has yet to be recovered properly, etc. is disadvantageous to the defendant.

In full view of the above conditions of sentencing, including the Defendant’s age, sex, environment, and family relation, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed 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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