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(영문) 의정부지방법원 2015.06.19 2015노993
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than five months.

However, this decision is delivered to the Defendants.

Reasons

1. The summary of the grounds for appeal asserts that the defendants' respective punishments (two years of suspended sentence in the imprisonment of five months, and five months of imprisonment in the imprisonment of five months) declared by the court below are excessively unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by both parties, circumstances favorable to the Defendants indicated in the argument of this case regarding the assertion of unfair sentencing (the confession of the facts of the crime of this case against the Defendant at the time of the trial, and the mistake is divided in depth; the Defendants’ family members also want to take care of the Defendants; repayment of the amount of KRW 70 million acquired before the prosecution of this case to KRW 23 million; deposit cash for the victims at the trial; the victims are also partly responsible for the occurrence of the crime or expansion of damage; Defendant B is detained at the court date of the original sentence; Defendant B appears to have an opportunity to reflect against the victim’s living in custody for about 3 months; Defendant B, who is 67 years old, was physically disabled; Defendant B did not have any criminal power at the age of Grade 6; Defendant A did not have any criminal record and did not have any criminal record beyond the same kind of fine; Defendant A did not have sufficient motive and attitude of the victim in the crime of this case; Defendant B’s 1, including the content of the crime of this case and its liability for damages before the prosecution of this case;

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