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(영문) 의정부지방법원 2018.12.10 2018노2826
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

All of the crimes of this case are recognized by the defendant and they reflect in depth, there is no record of being punished for the same kind of crime, and there is no record of being sentenced to suspension of qualification or heavier punishment.

On the other hand, the damages caused by each of the crimes of this case are not significant, but are not received from the victim D, and the victim wanted to punish the defendant, and the damage has not been recovered.

In addition, in full view of all the conditions of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, health condition, circumstances after the commission of the crime, etc., the sentence imposed by the lower court was proper and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendant asserts that the sentence imposed by the court below is too unreasonable or unreasonable as the defendant asserts, the defendant and the prosecutor's argument of sentencing are all without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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