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(영문) 부산지방법원 2018.03.16 2017노4672
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that the Defendant and the Prosecutor’s unfair argument of sentencing together with each of the instant offenses, in light of the form and method of each of the instant offenses, etc., the liability for the offense was grave, and that they did not agree with the victims.

However, considering all of the sentencing conditions indicated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy, or is too unreasonable, because it is too unreasonable, in light of the fact that the Defendant has committed a crime, and there is no history of punishment heavier than the fine, and there is no change of circumstances that may otherwise determine the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the instant crimes.

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

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that all of the appeals filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition (Article 231, 232-2, 234, and 347(1) of the Criminal Act on the crime subject to the applicable provisions of the judgment of the court below and the choice of punishment are "Article 231 of the Criminal Act (Article 231 of the Criminal Act)", Articles 234 and 231 of the Criminal Act (Article 234, Article 232-2 of the Criminal Act (Article 232-2, such as electronic records, etc.), Articles 234 and 232-2 of the Criminal Procedure Act (the use of electronic records, etc.), and Article 347(1) of the Criminal Procedure Act (Article 5 of the Criminal Procedure Rules) is clearly correction ex officio.

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