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(영문) 서울동부지방법원 2013.07.25 2013노732
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (unfair imprisonment for eight months) is too unreasonable.

B. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable.

2. In light of the following: (a) the Defendant and the Prosecutor’s assertion that the Defendant had a record of the ordinary sense of conduct; and (b) the Defendant committed the instant crime without being aware of the fact that the instant crime was committed during the period of repeated crime by serving in prison and releasing from prison for the same kind of crime; and (c) the victims’ injury was not recovered, it is necessary to receive a strict punishment corresponding

However, in light of the overall sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the Defendant committed the instant crime under the influence of alcohol, there are extenuating circumstances to consider the Defendant’s criminal act, and the investigation agency, the lower court, and the lower court, and the lower court were under confinement for more than three months, and the Defendant appears to be against his/her wrongness. Damage caused by each of the instant crimes appears to be relatively large, and other overall sentencing conditions, such as the Defendant’s age, character and conduct, and circumstances after the instant crime, the Defendant’s sentence imposed by the lower court is deemed to be reasonable and deemed to be too heavy or unreasonable. Therefore, the Defendant

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