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(영문) 서울서부지방법원 2016.10.06 2016노961
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment was based on the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects the wrongness, and that the defendant paid a considerable amount of money to the victim, and that the victim wanted to find the wife against the defendant by agreement with the victim.

On the other hand, the nature of the crime of this case is not good, and the defendant escaped during the trial of the first instance court, and the defendant has a record of being punished once a fine and twice a punishment due to the same type of fraud, etc., which are disadvantageous to the defendant.

In addition to the above circumstances, comprehensively taking account of the circumstances leading the Defendant to the instant crime, the means and method of the instant crime, the circumstances after the commission of the crime, the age, career, character and conduct, environment, etc., the sentence of the lower court is deemed appropriate, and it is deemed that the Defendant and the prosecutor’s allegation of unfair sentencing are too heavy or too unreasonable. Thus, all of the grounds for unfair sentencing are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.

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