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(영문) 수원지방법원 2018.08.17 2018노3359
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (10 months of imprisonment) is too unfied and unreasonable.

2) The lower court’s punishment is too unreasonable.

2. The lower court sentenced the Defendant to ten months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In this court’s sentencing condition, in particular, the Defendant repaid KRW 2.10,00 to the victim F when the Defendant came to this court, and made an excessive agreement to the other victims. However, in full view of the fact that the instant crime was an Internet sales fraud against many and unspecified persons and is very bad to commit a crime and is less than the same repeated offense period, the lower court’s sentencing judgment exceeded a reasonable limit of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime, the Defendant’s age, sexual conduct, environment, etc. are considered, the sentence of the lower court is not deemed to be adequate, too weak, or unreasonable due to its gross negligence.

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

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