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(영문) 제주지방법원 2016.09.29 2016노363
사기
Text

Defendant

All appeals by prosecutors 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 of the lower court is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant is against the recognition of the instant crime, and is against the recognition of the instant crime, and the Defendant has no record of criminal punishment for the same kind of crime prior to the instant crime, etc. are favorable to the Defendant.

However, in light of the circumstances and methods of the crime of this case and the amount of damage, such as the amount obtained by the defendant from the damaged person to KRW 50 million, etc., the crime is not good.

The defendant has not yet been able to receive a letter from the injured party.

Such circumstances are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant case’s records and the trial process, it does not seem that the sentence imposed by the lower court exceeded the reasonable scope of discretion, or is too heavy or unfluent.

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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