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(영문) 서울남부지방법원 2017.05.11 2016노2691
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant's depth reflects the defendant, the defendant is fully responsible for his family's livelihood and is expected to make his best efforts to repay damage in the future, the punishment sentenced by the court below (one year and four months of imprisonment) is too unreasonable.

B. In light of the fact that each of the instant crimes committed by the public prosecutor is very poor in the nature of the crime in light of the method of crime and the scale of damage, most of the victims are students and the elderly in society, with very serious damage to the victims, and the recovery of damage was not made at all, and there was a history of punishment for the same kind of crime, the punishment sentenced by the court below is too uneasible and unfair.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The defendant abused trust with the victims, and has committed continuous fraud and embezzlement for a long time through a similar law.

The judgment below

There are no special circumstances or changes in circumstances that will be newly considered after the sentence.

In addition, considering the various circumstances asserted by the defendant and the prosecutor on the grounds of appeal, considering the following factors: the Defendant’s age, sex, environment, motive for committing a crime, means, and consequence, including favorable or unfavorable circumstances to the Defendant, and the reasons for sentencing of the lower judgment, it is not determined that the Defendant’s punishment against the Defendant is too heavy or is so unfased that the Defendant’s punishment is exceeded the reasonable scope of discretion.

3. In conclusion, each appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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