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(영문) 수원지방법원 2018.02.28 2018노166
사기등
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 (six months of imprisonment) is too unreasonable.

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

2. The circumstances are favorable for the following reasons: (a) the Defendant’s mistake is divided and rebuttaled; (b) the Defendant does not repeat the offense; (c) the amount of damage incurred by the instant crime is not much; and (d) the victim D, M, andO does not want punishment against the Defendant; and (c) the victim D, M, andO do not want such punishment against the Defendant.

However, in light of the Criminal Procedure Act, the nature of the crime is not good; the defendant has been punished several times for the same crime; the repeated crime of this case without being aware of the repeated crime and the suspension period of imprisonment; the court below seems to have taken into account the circumstances that are already favorable to the defendant; there is no special circumstance or circumstance that may be newly considered in sentencing after the decision of the court below; and in light of all the sentencing conditions of this case, such as the defendant's age, sexual conduct, environment, background and consequence of the crime of this case; and the circumstances after the crime of this case, it is deemed that the court below's punishment is too heavy or unreasonable, and thus, the unjust argument of the above sentencing of the defendant and the prosecutor is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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