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(영문) 인천지방법원 2017.12.01 2017노3063
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (unfair sentencing) is too unreasonable. The lower court’s punishment (3 million won) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Act on the Punishment, etc. of this case, which is not good for the commission of the victim’s fluorial wife, is an unfavorable circumstance against the Defendant; (b) the Defendant was the first offender and led to the confession of the crime; and (c) the fact that the victim agreed with the victim was smoothly considered in light of the favorable circumstances; and (d) the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (b) other circumstances, which form the conditions for sentencing as indicated in the record, such as the circumstances after the crime, do not seem to have been too heavy

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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