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(영문) 서울중앙지방법원 2016.12.01 2016노3820
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the fact that the Defendant’s “passing” role is an essential and critical role for the completion of the singinging crime, and that the liability for the crime is not easy, that is disadvantageous to the Defendant, the Defendant’s entire confessions and reflects the Defendant’s criminal act, and that there is no domestic criminal record, etc., in light of the circumstances favorable to the Defendant, and the fact that there is no change in sentencing conditions compared to the lower court’s judgment, and that there is no change in the amount of fraud, and the number of the means of access in custody, etc., it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit.

However, since it is apparent that Article 30 of the Criminal Act was omitted after the "Article 347 (1) of the Criminal Act" of the "Article 347 (1) of the Act" among the "application of the law" of the judgment below, it shall be corrected to add it in accordance with Article 25 of the Regulation on Criminal Procedure.

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