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(영문) 서울남부지방법원 2017.04.20 2016노2598
사기등
Text

All appeals by the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant neglected to support the mother who is under medical treatment and neglected to live in his life, and there are extenuating circumstances to consider the circumstances. The defendant committed the crime of this case without prison labor in order to meet with C while living in prison, and at the investigation stage, the defendant was prevented from committing the crime of this case and at the investigation stage. The victim G and D do not want the punishment of the defendant, and the defendant is divided in depth of his mistake. In light of the above, the punishment sentenced by the court below (the judgment of the court below No. 1: a fine of one million won, a fine of two million won, and a fine of two months for each crime of the decision No. 2 in the judgment of the court below) is too unreasonable.

2. The judgment of the court of first instance on the ground that the judgment of the court of first instance is a fine, and the judgment of the court of second instance is sentenced to imprisonment with prison labor, and this case is not a case where imprisonment with prison labor or a fine should be sentenced to a single sentence.

A. As to the judgment of the first instance court, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment of the court below, and the crime of this case is in the relationship of fraud and ex post facto concurrent crimes with the judgment of the court below, and other factors favorable or unfavorable to the defendant, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the records and arguments of this case, including the circumstances asserted by the Defendant on the grounds of appeal, the sentence of the court below is too unreasonable, even if considering various circumstances asserted by the Defendant on the grounds of

B. On the second instance judgment, the crime of false accusation is a crime that interferes with the proper investigation and trial functions of the State and causes unnecessary social costs, while causing considerable pain and damage to the victim.

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