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(영문) 대전지방법원 2017.05.17 2016노2819
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (4 million won in penalty) of the lower court is too heavy or unreasonable.

Judgment

The fact that the defendant has been punished several times for the same crime, and that he/she does not know about during the period of repeated crime due to the same crime, and commits another crime of this case.

However, the fact that the defendant recognized the crime of this case, the fact that the victim does not want the punishment of the defendant by agreement with the victim, and the amount of damage is not very large is favorable.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too harsh in light of the following circumstances.

Therefore, the defendant and the prosecutor's assertion are without merit.

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

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