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(영문) 수원지방법원 2017.09.07 2017노4521
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants (Defendant A: 1 year of imprisonment with prison labor for a maximum of 1 year, 8 months, 6 months of imprisonment with prison labor for a maximum of 6 months and 3 months) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. We examine both the Defendants and the Prosecutor’s respective arguments regarding sentencing.

The Defendants committed the crime of fraud, special larceny, etc. against many victims. Some of them are the circumstances unfavorable to the Defendants, including the following: (a) the Defendants: (b) the Defendants committed the crime of larceny, etc. against multiple victims; (c) the Defendants committed the crime of larceny; (d) the Defendants committed the crime of larceny, special robbery, and attempted special robbery; and (d) the Defendants committed the injury to other prisoners without being aware of the victims’ damage while they were able to do so at night; and (b) the Defendants committed the injury to the other prisoners without being aware of the injury.

On the other hand, the defendants recognized most of their crimes, the principle of equity in the case that the defendants judged simultaneously with the crime for which judgment has become final and conclusive, and the fact that R, one of the victims of special larceny, is not subject to punishment against the defendant A is favorable to the defendants.

As seen above, the lower court appears to have determined the sentence in consideration of the various favorable and unfavorable circumstances to the Defendants, and there is no special change to the extent that it is considered in sentencing in the past.

In addition, the sentencing of the court below is too heavy or unreasonable in light of the overall sentencing conditions indicated in the records of this case, such as the age, sex, environment, circumstances after the crime, and circumstances after the crime.

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