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(영문) 수원지방법원 2017.06.22 2017노2093 (1)
사기등
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 (ten months of imprisonment) is too unreasonable.

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

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

There are many cases where the defendant committed a crime against a large number of victims and the nature of the crime is poor, the amount of the fraud is not much and the damage is not recovered at all, and the defendant has a record of juvenile protective disposition through several times of the same crime, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant led to confession and reflects the crime of this case, and was a minor at the time of the crime is favorable to the defendant.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change in the depth of the case.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, it is difficult to view the sentencing of the court below is too heavy or unreasonable since it is difficult to view the sentencing of the court below as unfair. Therefore, each of the above arguments by the defendant

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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