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(영문) 서울동부지방법원 2014.05.01 2014노344
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in the instant case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too heavy or (the Defendant) and it is deemed unreasonable to conduct an examination.

2. The sentence of a sentence is inevitable in light of the following: (a) the defendant deceivings a victim by using a false lease contract, etc.; (b) the damage amount to KRW 200 million is not good; (c) the victim submitted his/her expression of intention not to punish him/her; (d) the damage recovery was not actually performed; and (e) the defendant has a number of criminal records of a suspended

However, in light of the circumstances favorable to the Defendant, such as the first head of the crime and the latter concurrent crimes under Article 37 of the Criminal Act, when the judgment became final and conclusive, the first head of the crime and the latter concurrent crimes under Article 39(1) of the Criminal Act should be considered in regard to the relationship between the crime and the latter concurrent crimes under Article 37 of the Criminal Act; the victim submitted a written application for the shot of the Defendant’s wife even when the victim was in the first instance trial; and other various sentencing conditions such as the Defendant’s age, character and conduct, family relation, circumstances leading to the instant crime, and circumstances after the crime, etc., the lower court’

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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