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(영문) 서울북부지방법원 2016.02.04 2015노2145
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, through the statement of reasons for appeal withdrawn on December 14, 2015, asserted misunderstanding the legal doctrine or misunderstanding of facts and misunderstanding of sentencing on the grounds of the Defendant’s appeal. However, the reason for appeal withdrawn on December 23, 2015 by the defense counsel included only the Defendant’s wrongful assertion of sentencing on the grounds of the Defendant’s appeal. The Defendant and the defense counsel appealed on the date of the first trial of the lower court on the date of the first trial of the lower court for the reason that the Defendant appealed for

When making a statement, all of the aforementioned legal principles and arguments of misunderstanding of facts were withdrawn.

The punishment sentenced by the court below against the defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. The judgment of the court below acknowledged the part which the defendant was denied at the court below for the first time, and it seems that there is a position to see the wife who is the disabled under aviation cancer after the operation was performed with pulmonary cancer. The court below already deposited 11 million won for the victim E, 2 million won for the victim F, and 3 million won for the victim E additionally in the first instance court, 3 million won for the victim F, and 3 million won for the victim F. It seems that there are some circumstances to consider the motive and circumstance leading to the crime of this case. Since the crime of this case is in the relation between fraud of the court below where the judgment became final and conclusive and the concurrent relation between Article 37 of the Criminal Act and the latter, Article 39 (1) of the Criminal Act, the defendant's punishment of this case should be imposed at the same time in consideration of equity with the case where the defendant's punishment should be imposed at the same time under Article 39 (1) of the Criminal Act, and the defendant has already been punished for the same kind of crime of this case.

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