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(영문) 서울북부지방법원 2017.10.26 2017노1634
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a two years and six months and confiscation) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

Considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, occupation, family relation, etc., such as the fact that the Defendant recognized the instant crime, and the Defendant must support his family, and the Defendant’s criminal act committed is a crime causing damage to an unspecified number of unspecified victims in a planned and organized manner, and the nature of the relevant crime is very serious, and other circumstances that form the conditions for sentencing as indicated in the records, such as the motive and circumstance leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, occupation, family relation, etc., the punishment imposed by the lower court cannot be deemed unfair because it is too heavy or unfeasible, and thus, each of the unlawful arguments against the Defendant

3. As such, 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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