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(영문) 수원지방법원 2014.01.09 2013노4518
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. The fact that the defendant recognized all of the crimes of this case for the first time in the trial, and reflected, and that the defendant agreed with the victim P, W, and E is favorable to the defendant.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the punishment determined by the court below is too heavy or unreasonable, and it is not unreasonable to deem that the Defendant’s punishment determined by the court below is too heavy or unreasonable, in light of the following: (a) the amount of damage to the victim J is considerable; and (b) the amount of damage to the victim J was not agreed with the said victim to the trial;

3. In conclusion, the appeal filed by the defendant and the prosecutor is 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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