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(영문) 서울고등법원 2016.11.24 2016노2861
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The Defendant committed the instant crime repeatedly during the period of repeated crime even though the Defendant had been guilty for the same kind of crime, and considering the fact that the victim was a majority and the amount of damage caused by the instant crime is a maximum amount, strict punishment against the Defendant is required.

However, considering the Defendant’s age, character and environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy or unreasonable, and thus, the Defendant’s assertion is without merit. In so doing, the Defendant and the Prosecutor’s assertion are without merit.

B. Although the prosecutor filed an appeal regarding the acquitted portion of the judgment of the court below, the prosecutor did not submit legitimate grounds for appeal regarding this portion, the petition of appeal submitted by the prosecutor did not state the grounds for appeal as to this portion, and even after examining the record, there is no ground for ex officio investigation as to this portion.

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

[However, it is clear that the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 13719, Jan. 6, 2016) is a clerical error in the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 13719, Jan. 6, 2016) of the judgment below No. 11

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