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(영문) 서울중앙지방법원 2018.03.29 2017노4817
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal - Sentencing

A. The sentence imposed by the lower court against the Defendants (ten months of imprisonment, and eight months of imprisonment) is unfair due to excessive and unfair (the allegation of misunderstanding the facts and misapprehension of the legal doctrine as stated in the grounds of appeal was withdrawn). B. In light of the circumstances of the Defendants’ escape in the trial process after the Defendants committed the crime, and the degree of the Defendants’ criminal records or the degree of damage recovery, the sentence imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. The defendants' acknowledgement of the crime of this case in late late when they came to the trial of the party is favorable to the defendants.

B. Meanwhile, the Defendants had a number of criminal records including the same criminal records, and in particular, Defendant B had a repeated crime period due to the same criminal records; the Defendants, who escaped during the trial and did not appear at a trial near eight months; and even though the amount of damage is a large amount of KRW 100 million, the damage has not been restored to the present time is disadvantageous to the Defendants.

(c)

In full view of the aforementioned various circumstances, including the Defendants’ age, sexual conduct, motive, means, and consequence of the crime, the sentence imposed by the lower court on the Defendants is deemed appropriate.

3. According to the conclusion, each of the instant appeals by the Defendants 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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