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(영문) 부산지방법원 2018.04.27 2018노704
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to eight million won) is too heavy or too minor (the prosecutor). 2. Determination of the lower court, based on the following factors: (a) the lower court’s judgment exceeded a reasonable limit of discretion, considering all the conditions of the pleadings and the records of the instant case including the Defendant’s age, character and intelligence environment, motive means of crime, and consequence of the crime, and circumstances after the crime, etc., including the unfavorable circumstances (the crime of this case was committed since long after the execution of imprisonment was completed due to the same kind of crime under the same law) and favorable circumstances (the crime of this case was completely recovered; and (b) the injured party upon agreement with the victim does not want the punishment of the Defendant).

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 25(1) of the Rules on Criminal Procedure, however, Article 355(1) of the "Article 347(1)" of the "Article 347(1)" of the "Article 25(1) of the Rules on Criminal Procedure applicable ex officio pursuant to Article 25(1) of the Act.

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