(영문) 수원지방법원 2016.01.21 2015노6371 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 수원지방법원 2016.01.21 2015노6371

사기

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. The circumstances favorable to the defendant include: (a) there is no history of criminal punishment before the instant case; (b) there is no economic situation at the time; and (c) the Defendant appears to have committed the instant crime due to the impossibility of economic situation; (d) some of the money that the Defendant acquired by the Defendant under the name of the victim J, L, etc.; (b) the victim H and K did not want to punish the victims; and (c) the Defendant is divided into and against his mistake.

Meanwhile, the crime of this case is committed by deceiving a large number of victims who have difficulty in economic situation by using trust relationship with the victims who were in a close relationship with the victim, and by obtaining a considerable amount of money from the victims, and is not good in terms of the method of crime, circumstances, and the nature of the crime. The defendant has escaped for a long time after the crime of this case, and the amount acquired by the victim exceeds 10 million won in total, and most of the victims have not been recovered even recently.

In full view of such various factors of sentencing and the defendant's age, environment, and sexual conduct, it is difficult to view the sentencing of the court below as being too weak or unfair, and thus, the above arguments by the prosecutor and the defendant are without merit.

3. In conclusion, since each appeal by the prosecutor and the defendant is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the "victim" as stated in the judgment of the court below is a clerical error of "the defendant" among the reasons for sentencing as stated in the judgment of the court below.

유사 판례

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