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(영문) 서울동부지방법원 2017.08.11 2016노1490
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) The lower court sentenced the Defendant to the punishment of 8 months of imprisonment and 2 years of suspended sentence with respect to this case, and the Defendant asserts that the above punishment is too unreasonable in light of all kinds of sentencing conditions, and that the prosecutor is too unfasible and unfair.

2. The lower court determined that: (a) the Defendant was subject to punishment several times for the same kind of crime; (b) the victim C expressed his/her intent to withdraw a complaint under favorable circumstances; and (c) the victim Fgone paid a loan of KRW 33 million to the pawnpo, and recovered precious metals; and (d) the Defendant paid KRW 25 million to the above victim, taking into account the fact that the Defendant paid the above victim.

In light of the above, the lower court appears to have determined the above punishment by fully considering all the sentencing factors, including the above sentencing factors, and it is difficult to find other special circumstances to the extent that the above punishment should be changed.

Ultimately, since the sentence of the court below cannot be deemed to be too heavy or unreasonable because it is too heavy, it cannot be accepted as the defendant and the prosecutor's wrongful assertion of sentencing is also without merit.

3. In conclusion, the appeal by the defendant and the prosecutor 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.

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