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(영문) 의정부지방법원 2016.01.19 2015노2850
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (three months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. On February 15, 2013, the Defendant was sentenced to a punishment of one year and two years of imprisonment for a crime of fraud, and two years of a suspended sentence. However, it is recognized that, during the suspended sentence, the Defendant committed the instant fraud, in addition, there was a history of punishment for a crime of fraud, and that there was no agreement with the victim until the time of the suspended sentence, etc.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the amount of defraudation is not so significant; (c) the wife and the age of the Defendant must support the two daughters; and (d) the Defendant’s age, background, and circumstances after the commission of the instant crime; and (b) other circumstances that form the conditions for sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, circumstance, etc.,

(c)

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

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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