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(영문) 서울중앙지방법원 2017.12.07 2017노3818
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (Defendant A: 10 months of imprisonment; 1 year and 4 months of imprisonment) are too unfied (the Defendants) and too unfied (the prosecutor).

2. The lower court: (a) took into account the circumstances that the Defendants recognized the commission of the crime and against the Defendants; (b) the self-denunciation of the Defendants in the case of Defendant A; (c) the Bosing crime committed repeatedly over a considerable period of time against unspecified or many victims; and (d) social harm is in need of strict punishment; and (c) the amount of damage is not significant; and (d) took account of the circumstances unfavorable to Defendant A’s imprisonment with prison labor for 10 months and 1 year and 4 months against Defendant B.

In addition to the sentencing conditions acknowledged by the court below, considering the profits acquired by the Defendants through the instant crime, the sentencing on the Defendants appears to have been within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared to the court below in the first instance, so it cannot be deemed that the sentencing of the Defendants is unfair or unfair because the sentencing of the court below is heavy or heavy.

3. The appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the prosecutor are without merit.

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