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(영문) 서울중앙지방법원 2015.03.19 2014노5016
사기등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for 10 months, Defendant B: imprisonment with prison labor for 6 months) declared by the lower court against the Defendants is too uneasible and unreasonable.

2. We examine the arguments of the defendant A and the prosecutor regarding the grounds for appeal.

While there are circumstances unfavorable to the Defendants, such as the fact that the amount of fraud is not much and the damage has not been recovered, all the Defendants performed the role of forging, uttering, and sharing part in the fraud of each private document of this case, and actively participated, the Defendants reflects the Defendants’ mistake in depth, all the Defendants are the primary offenders, the amount of profit they acquired is deemed to be less than the amount of fraud, and Defendant B suffers cerebrs, and there are other circumstances that form the conditions for the arguments of this case and the sentencing indicated in the records, such as the defendants’ age, character, character, environment, the circumstances, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendants is too heavy or unreasonable (the first instance court stated the reasons for sentencing in a written judgment in a way that reasonably and persuasively expresses the reasons for sentencing, and the sentencing guidelines has been exceeded, and thus, it cannot be viewed that both Defendant A and the prosecutor’s assertion are inappropriate.

3. Conclusion, Defendant A and the Prosecutor’s appeal are 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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