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(영문) 수원지방법원 2018.02.07 2017노8512
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. In light of the fact that the damage was not recovered due to the instant crime, and that the victim wants to punish the Defendant, the need for strict punishment against the Defendant is high.

However, comprehensively taking account of the fact that the defendant confessions all of the crimes, the fact that there was no particular criminal history prior to the crimes in this case, and other various sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex and environment, motive, means and consequence of the crimes, etc., the sentence imposed by the court below is deemed appropriate, and it does not seem unfair because it is too heavy or unbrupted, and thus, the argument by the defendant and the prosecutor is without merit.

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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