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(영문) 서울중앙지방법원 2015.10.16 2015노3049
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal of the first instance court's sentencing (in case of Defendant A: 10 months of imprisonment; Defendant B; 8 months of imprisonment with prison labor; 2 years of suspended execution; and 80 hours of community service order) against the Defendants is too unfasible and unfair.

2. In full view of the circumstances leading up to the Defendants in the instant case, Defendant B was punished by a fine for fraud in 2009, but there was no other previous conviction, the Defendants were divided into depths, etc., and the circumstances after the commission of the crimes are good, the victims do not want the punishment, the Defendants’ behavior mode and degree of damage, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendants’ age, character and conduct, environment, and family relationship, the first instance sentence against the Defendants cannot be deemed unfair, and thus, the Prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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