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(영문) 의정부지방법원 2019.01.29 2018노3257
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment shows the attitude of the Defendant to recognize and reflect all of the crimes in the trial, and the equity with the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive on July 23, 2012 should be considered. The fact that there was no record of punishment prior to the instant crime is favorable to the Defendant.

On the other hand, the amount of damage in this case exceeds KRW 130 million, and it appears that the victim was suffering due to the failure to pay damages exceeding seven years from the date of crime until the date of crime, and that the above favorable circumstances are already reflected in the original trial and that there is no change in circumstances to be considered in the trial, are disadvantageous to the defendant.

In full view of the above circumstances and all other factors of sentencing as indicated in the argument of this case, since the lower court’s punishment is too heavy or too unreasonable, each of the above arguments by the Defendant and the prosecutor are rejected.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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