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(영문) 서울중앙지방법원 2018.04.26 2018노664
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal - The summary of the reasons for appeal of this case’s unfair sentencing - the defendants were unfair due to the excessive neglect of the punishment of the court below (ten months of imprisonment) and the prosecutor’s dismissal of the above punishment is unfair (the prosecutor’s assertion of misapprehension of the legal principles was withdrawn). 2.

A. The Defendants recognized the instant crime and reflect their depth, and there is no substantial damage due to the Defendants’ attempted crime or the damage caused by the crime. The Defendants were living without any particular criminal record. Such circumstances are favorable to the Defendants.

B. However, the Defendants’ crime of this case is not a good crime due to the systematic and planned crime committed that the Defendants entered the Republic of Korea with forged credit cards and attempted to purchase goods and take them out of the Republic of Korea using the above credit cards.

In addition, the motive of committing the crime is rather unfavorable to the Defendants, which is to have been committed in order to have them repaid.

(c)

In full view of the aforementioned circumstances and other circumstances, such as the Defendants’ age, sexual conduct, and the circumstances after the commission of the crime, the lower court’s punishment is excessively heavy or excessively light.

It does not seem that it does not appear.

3. Accordingly, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendants and the prosecutor is without merit. It is so decided as per Disposition.

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