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(영문) 서울북부지방법원 2014.03.26 2014노76
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (or 4 months of imprisonment with prison labor for a crime of March and 1 million won in prison for a crime of March and 1 million won in prison for a crime of March and 2013 senior group 204, 2013 senior group 204 senior group 2013 senior group 2270, senior group 2276, senior group 2539) is too unreasonable.

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

2. The following are the circumstances favorable to the Defendant: (a) the Defendant, who made a judgment, made a confession of all of the instant crimes; (b) the first head of the instant crime that became final and conclusive in the judgment of the lower court and the concurrent crimes under the latter part of Article 37 of the Criminal Act, should consider equity with the case to be tried at the same time; and (c) the Defendant ought to support a child who is the fifth grade of an elementary school by negligence.

On the other hand, during the period of probation before the first head of the crime in the judgment of the court below, the defendant committed a fraudulent act against F andO again for the same criminal victim F andO, and the defendant did not reach an agreement with the victims of the crime in this case or recover from damage.

In full view of these circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive or background of the instant crime, means and money obtained, and circumstances after the crime, etc., the lower court’s sentencing is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are 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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