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(영문) 수원지방법원 2015.08.21 2015노1500
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

An appellant who has filed a final appeal against a defendant's appeal shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she receives the notification of receipt of the trial records (Article 361-3 (1) of the Criminal Procedure Act), and if the statement of grounds for appeal

(1) According to the records, the Defendant did not submit the statement of grounds of appeal within the due period for submission of the written notification of the notification of the receipt of the trial records on March 20, 2015, and the petition of appeal does not contain any indication of the grounds for appeal, and even if examining the records, the grounds for appeal cannot be found ex officio.

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be

The summary of the grounds for appeal by the prosecutor against the appeal by the court below (one million won of a fine) is too unhued and unfair.

Judgment

In this case, even if the worker is not a worker, the case is not less than that of the case that received money as medical care benefits from the Korea Labor Welfare Corporation, and the fact that the defendant is compensated for damages or did not agree with the victim is disadvantageous to the sentencing

However, considering the Defendant’s age, character and conduct, environment, criminal records, motive and circumstance of a crime, and circumstances after a crime, the sentence imposed by the lower court cannot be deemed unreasonable because it is too unfasible, given that the Defendant did not have a criminal record beyond the fine, the Defendant appears not to have committed the crime in bad faith.

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

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