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(영문) 서울중앙지방법원 2017.03.31 2016노4568
사기
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. As to the first instance-oriented sentence (for each of the defendants, two years of imprisonment) of the summary of the grounds for appeal (for each of the defendants), the summary of the grounds for appeal by the defendants is too unreasonable because the defendants' grounds for appeal are too unreasonable, and the prosecutor's grounds for appeal are too uneasible and unfair.

2. We also examine the reasons for appeal by the Defendants and the Prosecutor.

In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate trial, in full view of the various circumstances, including the Defendants’ age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the first instance judgment is difficult to be deemed to have exceeded the scope of discretion and be too heavy or unreasonable.

Therefore, the defendants and the prosecutor's above assertion are without merit.

3. If so, the appeal by the Defendants and the public 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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