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(영문) 부산지방법원 2018.02.02 2017노3596
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

The costs of lawsuit by the court below shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two-year suspended execution of imprisonment, four-year community service hours, 160 hours) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that, in light of the following: (a) the Defendant and the prosecutor’s respective unfair arguments in sentencing together with each other; (b) the responsibility for the relevant crime is heavy; (c) the Defendant has been punished twice for the same type of crime; (d) the Defendant has been punished by a fine; (e) the amount of fraud exceeds KRW 350 million; and (e) the amount of fraud exceeds KRW 350 million; and (e) the victim was in the first instance trial due to his failure to properly implement the agreed terms and conditions concluded with the victim, and thus, the victim

However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., all of the sentencing conditions and the scope of recommended sentencing guidelines for the enactment of the Sentencing Committee, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy, or is not deemed unfair, because it is too unreasonable.

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

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition by applying Articles 191(1), 190(1), and the main text of Article 186(1) of the Criminal Procedure Act on the burden of litigation costs incurred by the court below (Provided, That since it is apparent that the summary of evidence in the judgment of the court below was added to "the defendant's legal statement made by the defendant 1, 1," the summary of evidence in the judgment of the court below, it is corrected to delete it ex officio under Article 25(1)

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