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(영문) 수원지방법원 2018.02.09 2017노8805
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant repents and reflects his mistake; and (b) there is no particular penalty after being punished for the crime of the same kind in 197.

On the other hand, in light of the means and circumstances of the crime of this case, the fact that the nature of the crime is not good, and the fact that the defendant obtained from three victims the amount equivalent to KRW 147 million, but did not recover the damage up to the present time is disadvantageous to the defendant.

In addition, considering the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, and comprehensively considering the fact that there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the core of the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the 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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