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(영문) 부산지방법원 2017.11.24 2017노2955
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for each of four months) by the court below is too unreasonable.

2. It is recognized that the defendants led to the confession of the crime, and there is no history of punishment heavier than each fine, and there is no history of punishment for the same kind of crime. The actual profits of the defendants seems to be less than the amount of criminal damage, and the defendants paid five million won to the victim in the original instance.

However, in light of the form and method of the instant crime, etc., if considering all of the sentencing conditions specified in the instant pleadings, such as the Defendants’ age, sex, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, is not deemed unfair.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals are without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act. However, since it is obvious that “K” in the judgment of the court below is a clerical error of “H”, it is corrected to correct it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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