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(영문) 서울북부지방법원 2015.10.02 2015노1377
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the court below recognizes all of the crimes of this case when the defendant was in the trial, and recognizes all of the crimes of this case and reflects it, most of the money acquired by the victim is used by C, which is an accomplice, and it seems that the amount acquired by the defendant was not significant, and the defendant does not have any specific criminal records other than twice a fine, etc., which are favorable to the defendant, but on the other hand, it appears that the defendant played a leading role in the crime of this case; it appears that the defendant played a leading role in the crime of this case; it appears that the specific contents and attitude of the deceptive act of this case are defective; it is deemed that the victim complained of punishment against the defendant because the victim did not agree with the victim or pay damages until the trial; it is found that the court below's sentence against the defendant is proper, too heavy, or unreasonable, considering all circumstances that are conditions for sentencing of this case, such as the defendant's age, character and environment, the process and result of the crime of this case, and the circumstances before and after the crime.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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