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(영문) 수원지방법원 2016.01.19 2015노6692
사기
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant (unfair sentencing) is against the mistake of the Defendant, and there are circumstances to consider the background leading to the instant crime, the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.

B. In light of the fact that the prosecutor (unlawful in sentencing) did not go against the mistake by the Defendant, such as denying the crime from the investigative agency to the court below, the amount of damage caused by the instant case exceeds KRW 50 million and the damage was not completely recovered, and the victim is a person with a disability of Grade 1 in visual disability, the sentence imposed by the court below is too uneasible and unfair.

2. The judgment of this case is that the defendant acquired money in excess of KRW 50 million from the injured party, and it is not good that the damage was not recovered from the injured party to the trial, and that the victim was punished, and that the defendant was punished by a fine of KRW 3 million due to the obstruction of the execution of official duties from the Suwon Faging Fagingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingginggingging,

Therefore, the above ground of appeal is without merit.

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

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