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(영문) 수원지방법원 2016.08.18 2016노3389
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime when it comes to the first instance; (b) the Defendant appears to have committed the instant crime in order to raise funds for her mother’s hospital expenses; and (c) the Defendant has no record of criminal punishment other than domestic fines.

On the other hand, even though the money acquired by the Defendant by deceiving the victim C has exceeded a total of KRW 15 million, the damage has not yet been recovered, and the Defendant had a record of criminal punishment by committing a criminal act similar to the instant case at the time of the instant crime, etc., which is disadvantageous to the Defendant.

When comprehensively taking into account all these circumstances, the sentencing conditions such as age, sex, environment, family relationship, relationship between the defendant and the victim, etc., the lower court’s sentencing cannot be deemed to be too weak or unreasonable.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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