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(영문) 부산지방법원 2018.02.23 2017노4730
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing for each sentencing) of the lower court’s punishment (six months of imprisonment) is too heavy or (one of the defendants).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

Even though the defendant had had the same criminal record and had been 27 times, repeated during the same repeated crime period, each notification was given to him by taking a separate proposal before and after the crime of this case, and the defendant seems to have taken an intangible ceremony at the main point in the management of the victim of this case, etc., are disadvantageous to the defendant.

On the other hand, the fact that the defendant's mistake is recognized, that the victim paid and agreed to pay the drinking value, and that it is a relatively small amount of money acquired by deception (50,000 won) is favorable to the defendant.

In addition, taking into account various circumstances, such as the Defendant’s age, sex, and environment, the lower court’s punishment cannot be deemed to be too heavy or unreasonable as it is too heavy.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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