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(영문) 춘천지방법원 강릉지원 2016.10.13 2016노342
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is an unfavorable circumstance where the defendant intentionally accessed the victim and acquired money from the victim several times, and the quality of the crime is poor; the defendant has been sentenced five times to the crime of this case by fraud of several methods identical to the crime of this case; in particular, the defendant committed the crime of this case under several methods, such as the crime of this case, such as the crime of this case, even though the execution of imprisonment was completed and released after the execution of the crime of this case was completed.

On the other hand, the fact that the defendant recognized all of the crimes of this case and reflected, the defendant paid the victim the amount of money exceeding the amount of damage, and the fact that the court below agreed smoothly with the victim is favorable.

Considering such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is 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.

(However, since it is apparent that the "Gang Branch Support" is a clerical error in the "satison initial support" in the criminal facts of the original judgment, it shall be corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure).

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