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(영문) 서울동부지방법원 2018.11.22 2018노657
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit the act of deception as stated in the facts charged against the victim, and there was no intention to commit the crime of deception against the Defendant at the time.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

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

2. Determination

A. The judgment of the lower court as to the assertion of mistake of facts (defendants) also asserted as above in the trial, and the lower court rejected the Defendant’s assertion based on the facts and circumstances acknowledged based on the evidence duly admitted and investigated.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified even if the evidence submitted by the defendant was neglected in the trial, and there is an error of law by mistake of facts as alleged by the defendant in the judgment of the court below.

subsection (b) of this section.

B. In full view of the factors indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various sentencing grounds asserted by the Defendant and the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is modified.

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

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

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