(영문) 의정부지방법원 2015.08.25 2015노1668

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자간(%)

(영문) 의정부지방법원 2015.08.25 2015노1668

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The fact that the amount acquired by the victim through the instant crime is not a certain amount of KRW 63 million, the fact that the victims did not agree with the victims and most damages have not been recovered, and the victims wanted to severely punish the defendant, etc. is disadvantageous.

B. On the other hand, it is favorable for the defendant to have no record of the same kind of crime, such as the fact that the defendant committed the crime of this case and is against the time when he committed the crime of this case, that the defendant deposited 3 million won each for the victims, and that he did not have any record

C. In full view of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime and the circumstances following the instant crime, etc., the sentence imposed by the lower court on the Defendant is deemed appropriate, and it does not seem that it is too minor or unreasonable.

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

3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in the second sentence of the judgment of the court below, the "defendants" in the second sentence of the judgment of the court below is clear that the "defendants", " around December 24, 2012 and around January 18, 2013," and "victims" in the first sentence of the second sentence of the court below is each clerical error of the "victim H", and thus, they are corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

참조조문

-형사소송규칙 제25조

-형사소송법 제364조 제4항

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