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(영문) 서울북부지방법원 2016.05.19 2016노267
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the Defendants (Defendant A: one year of imprisonment, and one year and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. Although there are no circumstances to consider the circumstances, such as the fact that Defendant A was recognized as committing the instant crime and the fact that Defendant A had no criminal history, Defendant A had no record of punishment, Defendant A’s punishment is determined by taking account of the circumstances favorable to Defendant A; Defendant A had no special circumstances or circumstances that may be newly considered in sentencing after the decision of the lower court was rendered; Defendant A failed to agree with the victim; Defendant A failed to pay damages; Defendant A failed to pay damages; and other various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, including Defendant A’s age, sexual behavior, environment, motive and background of the instant crime, means and method of the crime; and the circumstances after the crime was committed, the sentence imposed by the lower court is excessively unreasonable.

B. Although there are no circumstances to consider the circumstances, such as the fact that Defendant B was in the first instance trial and all of the instant crimes, and that Defendant B agreed with the victimJ, the lower court determined the punishment by taking account of the circumstances favorable to Defendant B, the lower court did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; Defendant B had the record of being punished several times including the punishment due to fraud; and Defendant B’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and other various circumstances that form the conditions for the argument and the sentencing as indicated in the record of the instant case, such as the circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower court is unfair because it is excessively excessive.

3. In conclusion, the Defendants’ appeal is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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