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(영문) 부산지방법원 2019.02.15 2018노4255
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The court below found Defendant 1 guilty of this part of the facts charged even though there was no fact of deceiving the victim D by deceiving the victim D, and there was no fact of deceiving the money from the victim C with each of the money stated in 37, 45, 46, 49, 50, 53 through 59, 61 through 66, 68 through 78, 80 through 82, 87, 88, and 90. The court below erred by misapprehending the facts, which affected the conclusion of the judgment. 2) The sentence (two years of imprisonment) sentenced by the court below is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The court below rejected the defendant's argument in detail under the title "a judgment on the defendant's and his defense counsel's argument" in the judgment of the court below, which states that the defendant's assertion of mistake of facts is the same as the reasons for appeal in this part, and the court below rejected the above argument in detail. If we compare the above judgment of the court below with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment

Therefore, the defendant's above assertion is without merit.

B. The lower court rendered a sentence as above by taking into account the favorable and unfavorable circumstances of the Defendant and the prosecutor’s assertion of unfair sentencing.

Considering the Defendant’s age, character and conduct, environment, motive, means, and consequence of each of the instant offenses, including the Defendant’s age, character and conduct, and environment, as well as various conditions of sentencing indicated in the pleadings, as well as the scope of the recommended sentencing guidelines for the enactment of the Supreme Court’s sentencing guidelines, the sentence imposed by the lower court is too heavy or unreasonable.

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