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(영문) 부산지방법원 2017.03.31 2016노4887
사기등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a year and six months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (one year of imprisonment for Defendant A and two years of imprisonment for Defendant B) is too unreasonable.

B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.

2. As to the defendants and the prosecutor's unfair argument of sentencing, it is recognized that there is a need to strictly punish the defendants in light of the manner of each of the crimes of this case, the manner of each of the crimes of this case, the methods and frequency thereof, etc., the fact that the defendants B had been punished for the same kind of fraud, the amount acquired by the defendants together exceeds the total amount of KRW 96 million, the amount acquired by the defendants B exceeds the total amount of KRW 11 million, and the amount acquired by the defendants B exceeds the total of KRW 11 million, notwithstanding the fact that the recovery of damage is not considerably part, and

However, Defendant A from the investigative agency to the investigation agency, Defendant B made a confession of all of the crimes at the time when each crime was committed, and there is no record of punishment heavier than each fine, Defendant B did not have any record of having been punished. Defendant B agreed with the victim with the victim after having fully repaid part of the damage to the victim in the trial, Defendant B’s desire to pay back part of the damage to the victim in the trial, the victim’s age, sexual conduct, environment, motive, means and consequence of each of the crimes in this case, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing guidelines by the commission, such as the circumstances after the crime, etc., the punishment imposed by the court below to Defendant B is deemed to be unfair because it is too unreasonable, and the sentence imposed to Defendant A is deemed to be too excessive or too excessive and unfair.

Therefore, Defendant B’s assertion is reasonable, and each of the Defendant A and the Prosecutor’s arguments is without merit.

3. In conclusion, the appeal against Defendant A and the prosecutor against Defendant A is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal against Defendant A and the prosecutor is without merit.

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