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(영문) 의정부지방법원 2016.07.05 2016노809
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable as it is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. It is recognized that the damages incurred by the instant crime constituted a large amount exceeding KRW 41 million, did not agree with the victim, and did not recover the damages in addition to the repayment of KRW 3 million.

B. However, in full view of the following circumstances, such as the Defendant’s confession and confession of the instant crime, the first offender, and the Defendant’s age, the background of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is not deemed to be too minor or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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