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(영문) 서울북부지방법원 2015.08.21 2015노899
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Inspection of the gist of reasons for appeal: The punishment of the court below (one year and six months of imprisonment) shall be too unhued and unreasonable;

Defendant: The sentence of the lower court is too unreasonable.

2. In light of the following factors, the lower court’s determination conditions and other circumstances revealed in the arguments, such as the Defendant’s age, character and conduct, home environment, etc., the lower court’s punishment is not determined to be too weak or unreasonable, and thus, it does not accept all the allegation of unfair sentencing by prosecutors and the Defendant.

A mitigated person: The fact that the defendant recognized all crimes from the court below to the court below; the victim returned money of KRW 12.5 million to the victim; and there is no record of punishment as a crime of imprisonment without prison labor or a crime of the same kind in the past: The crime of acquiring money by deception is bad; the victim is subject to severe pressure of repayment from creditors; etc.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit

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