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(영문) 의정부지방법원 2017.01.10 2016노2965
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable as it is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. It is recognized that not only the Defendant committed the instant crime in a planned manner but also committed the instant crime against many unspecified victims, and that the nature of the crime is not good, that the amount of damage incurred by the instant crime is more than 20 million won, that was not agreed with the victims, that was not recovered, that the Defendant had the same criminal record and not recovered, that was 12 times, and that the Defendant committed the instant crime during the period of repeated crime due to fraud.

B. However, in full view of various circumstances, including the Defendant’s age, background of the crime, and circumstances after the crime of this case, the Defendant’s confession and reflects the crime of this case, and the crime of this case is in the relation of concurrent crimes with the crime of fraud established in the judgment of the court below as well as the crime of this case after Article 37 of the Criminal Act (the amount of damage is KRW 13 million, which has been sentenced to imprisonment with labor for a year and six months), and other circumstances that form the conditions for sentencing specified in the argument of this case, such as the Defendant’s age, circumstance of the crime, and circumstances after the crime

(c)

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

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

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