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(영문) 인천지방법원 2014.10.17 2014노2682
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment is too heavy or it is unreasonable to conduct an examination.

2. We examine the reasoning of the judgment and the prosecutor together.

The defendant acquired property benefits from the victim by taking advantage of the status of the representative of the emergency countermeasure committee, and the amount of pecuniary benefits acquired by the defrauded is the most unfavorable condition to the defendant.

On the other hand, the fact that the defendant paid a total of 77 million won to the victim, the fact that the defendant was not punished for the same kind of crime, and there is no record of punishment exceeding the fine, etc. are favorable to the defendant.

In full view of the above circumstances and various sentencing conditions as shown in the records and arguments of this case, such as the process, motive, means, and consequence of the Defendant’s commission of the instant crime, the circumstances before and after the crime, the Defendant’s age, family environment, etc., the lower court’s sentencing against the Defendant is deemed to be too heavy or less appropriate.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

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

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