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(영문) 수원지방법원 2016.05.20 2016노1944
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant needs to be subject to corresponding punishment on the following grounds: (a) the Defendant’s taking part in the crime of deceiving public funds to stabilize the residence of homeless workers by abusing the entire house loan system; and (b) the nature of such crime is very poor; and (c) the amount of damage from the instant crime appears to have been almost not recovered.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the fact that the gains actually acquired by the Defendant are considerably smaller than the amount indicated in the instant crime; and (b) the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the instant crime, etc., the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments on the above sentencing are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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