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(영문) 수원지방법원 2016.12.22 2016노7167
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

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

The fact that the defendant seems to have recognized the crime of this case and against the mistake, and that part of the interest has been paid to the victims such as D, etc. after the crime of this case, and that the above victims do not want the punishment of the defendant is favorable to the defendant.

However, the crime of this case committed repeatedly against many victims for a long time, and the amount of damage exceeds a total of 60 million won, but it seems that most victims still have yet to recover properly, and the defendant committed the crime of this case even though there are several criminal records for the same kind of crime in the past, which is disadvantageous to the defendant.

In full view of the sentencing conditions, such as the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem 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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