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(영문) 의정부지방법원 2017.08.21 2017노1479
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (in 6 months of Defendant A’s imprisonment and Defendant B’s imprisonment with labor) is too unreasonable.

2. The fact that the Defendants recognized the crime, and the fact that the judgment ought to be rendered concurrently with the crime for which the judgment became final and conclusive, is favorable to the Defendants.

However, considering the fact that the amount acquired by the Defendants is considerably large (the joint amount of KRW 50 million by the Defendants, KRW 53 million by the Defendants, KRW 53 million by the Defendant Company) and the fact that the damage was not properly restored, Defendant B committed the crime against the victim G during the period of suspension of execution due to the same kind of crime, and other various sentencing conditions in the records, such as the circumstances and result of the crime, the Defendants’ age, sexual conduct, environment, etc., the sentence imposed by the lower court against the Defendants is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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