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(영문) 서울중앙지방법원 2015.09.04 2015노2574
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (compactingly unfair) the sentencing of the first instance court on the Defendants (two years of imprisonment for the Defendants A and one year of imprisonment for the Defendants B) is too unreasonable.

2. The defendants reflect the crime of this case, and the facts that the defendant B burnedd and caused some victims to recover from damage are favorable circumstances.

However, since the crime committed by the Defendants is a systematic fraud crime, it is necessary to impose severe punishment because it has a significant social harm.

The degree of the Defendants’ participation cannot be deemed as little.

Taking full account of the developments and motive of committing the instant crime, degree of and amount of damage, Defendant A committed the instant crime during the same repeated crime period, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendants’ age, character and conduct, environment, family relationship, circumstances after committing the instant crime, and criminal record, the sentencing of the first instance court on the Defendants is too unreasonable. As such, the Defendants’ allegation of unfair sentencing is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit.

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