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(영문) 서울북부지방법원 2017.12.14 2017노1965
사기
Text

Defendant

All appeals filed by the Defendants B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against Defendant B (six months of imprisonment) is too unreasonable.

B. The above punishment imposed by the prosecutor by the court below against Defendant B is too uneased and unreasonable. Each punishment imposed on the other Defendants (a prison term of eight months and a suspended sentence of two years, community service work hours of one hundred and sixty hours) is too uneasy.

2. Under the judgment on the reasons for appeal, each of the arguments against the Defendants B and the Prosecutor is examined together.

Considering the motive and background leading up to the instant crime, the circumstances before and after the commission of the crime, the Defendants’ age, sexual behavior, occupation, family relation, etc., such as the fact that all the Defendants are against themselves, Defendant A, and C deposited KRW 30 million for the recovery of damage, and the economic benefits derived from the instant crime are relatively low, Defendant I’s each of the instant crimes in the case of Defendant I and Defendant B committed the instant crime without being involved in a repeated crime, etc., and other circumstances that are the conditions for sentencing as indicated in the records, such as the motive and circumstance leading up to the instant crime, the circumstances leading up to the instant crime, the Defendants’ age, sexual behavior, occupation, and family relation, it cannot be said that the punishment imposed by the lower court on Defendant B is too heavy or less, and all of the punishments imposed on the other Defendants are deemed unfair because they are too uneasible.

Therefore, each of the defendants B and prosecutor's arguments against the defendants is without merit.

3. In conclusion, since each appeal against the Defendants by Defendant B and the Prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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