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(영문) 서울동부지방법원 2018.11.29 2018노1161
사기
Text

Defendant

All appeals filed by the Defendants A and B and by the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s imprisonment (a year and June, and confiscation) by the lower court is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment (a year and June, and confiscation) by the lower court is too unreasonable.

(c)

The lower court’s sentence (unfair sentencing) against the Defendants (defendant A and B: each imprisonment of one and half years; confiscation; confiscation; Defendant C: imprisonment of eight months; suspended execution of two years; and confiscation) is too unhued and unreasonable.

2. According to the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering the various sentencing grounds asserted by Defendant A, B, and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the appeal filed by Defendant A and B and the appeal filed by the Prosecutor against the Defendants is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, "Defendant A (G), I (J)" in Section 7,8 of the facts constituting the crime of the lower judgment ex officio shall be corrected to "Defendant A (AX)," and "I (AY)" in Section 1 of the facts constituting the crime of the lower judgment.

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