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(영문) 서울서부지방법원 2013.05.09 2012노926
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Appeal

both the prosecutor and the defendant appealed on the ground that the sentencing of the lower judgment (a fine of eight million won) is unfair.

Judgment

The grounds for appeal by prosecutors and defendants shall also be deemed to exist.

Considering the fact that the Defendant had been punished several times for the same type of crime, and that there was a history of repeated crime at the time of each of the crimes of this case, and that the amount of damage caused by each of the above crimes is considerable, the Defendant should be punished strictly.

However, the circumstances favorable to the defendant include the fact that the defendant agreed smoothly with the victims, the fact that the defendant made a confession of all of the above crimes and reflects his mistake in depth, and the fact that there is a family member to care for the defendant.

In full view of the above circumstances and the various sentencing conditions appearing in the records and arguments of this case, it cannot be deemed that the lower court’s sentence against the Defendant exceeded the reasonable bounds in the sentencing decision, or was too harsh.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit.

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