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(영문) 수원지방법원 2016.06.10 2016노1646
사기등
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (6 million won) is too unreasonable.

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

2. The lower court determined that the Defendant’s total amount of damage caused by the Defendant’s sole fraud, KRW 9,106,00, KRW 100,00, KRW 1000, and the total amount of damage caused by the Defendant’s fraudulent act committed with A was bad in terms of the nature of the instant crime and the criminal situation, the Defendant’s method is planned and inferior, and the Defendant’s motive or circumstance is not good, and the Defendant’s attitude was not good at the investigation stage, etc., that are disadvantageous to sentencing, the lower court determined a sentence by taking into account the circumstances favorable to sentencing, such as the following: (a) there was no criminal history; (b) the Defendant’s entire confession and reflection of the offense; (c) the victims and the Defendant’s family members have recovered; and (d) the victim and the Defendant’s family members have sought a vessel.

A thorough examination of the reasons for sentencing of the lower court and, in light of the following: (a) there is no special circumstance to change the sentence of the lower court when it comes to the trial; and (b) considering the Defendant’s age, sex, criminal records, motive and means of the crime; and (c) various conditions of sentencing, such as the circumstances before and after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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