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(영문) 의정부지방법원 2013.06.13 2013노882
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor is too uneasible and unreasonable.

2. However, considering the fact that the victim's mistake is divided and the amount of damage in this case is relatively small, even though the defendant had a history of criminal punishment several times for the same crime, the crime in this case is a crime committed during the repeated crime period due to the same crime, and the defendant was aware that his act would be subject to criminal punishment, and even though he was well aware, the crime in this case goes against the crime, and the nature of the crime is bad, the damage recovery or failure to reach an agreement with the victim, and other circumstances of sentencing indicated in the records in this case, such as the circumstances and methods of the crime and other methods, the defendant's age, character and conduct, family environment, and circumstances after the crime, the sentence of the court below against the defendant is judged to be appropriate, and the defendant's punishment is too heavy or unreasonable. Therefore, the defendant and the prosecutor's assertion on this issue are without merit.

3. If so, the appeal 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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