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(영문) 서울북부지방법원 2013.09.11 2013노936
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (limited to 8 months of imprisonment and 2,000,000 won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the circumstances favorable to the Defendant, the fact that the Defendant led to the confession of the instant crime, and all of the instant crimes were committed by the Defendant in the course of operating a precious metal wholesaler, and that some damage was recovered, etc., such as the circumstances favorable to the Defendant, but the majority of the victims of the instant crime, the maximum amount of damage, and the fact that the victims and the victims did not reach an agreement, etc.

In full view of these circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., the lower court’s sentencing is too heavy or unfasible, and thus, 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 in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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