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(영문) 수원지방법원 2017.07.17 2017노2537
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of this case is not that the crime of this case is not less complicated in light of the amount obtained by deceit or the method of crime, etc. by deceiving the victim and by deceiving the victim as a total of 4,600 won received by the victim as the death insurance money of the child.

In addition, one defendant has been sentenced to the same punishment twice, and the crime of this case constitutes a repeated crime of the same kind, but has not been agreed with the victim.

On the other hand, however, there are favorable circumstances such as the defendant's attitude to recognize and reflect his mistake.

Considering the above circumstances unfavorable or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too heavy or unbrupted within the proper scope of sentencing discretion, and it does not seem unfair.

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

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

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