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(영문) 부산지방법원 2017.11.10 2017노3096
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 (ten months of imprisonment) is too unreasonable.

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

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the Defendant’s late and reflected all of the crimes; (b) an agreement was made with the victim C and Q, and (c) the first offender.

However, the fact that the victims are majority and the amount of defraudation is not easy to commit the crime, the considerable part of the amount of damage has not been repaid, there has not been an agreement with the victims except the victims C and Q, and the fact that the victims had been living abroad for a long time is disadvantageous to the defendant.

In full view of the above circumstances, comprehensively taking into account the sentencing equality with cases of the same kind, age of the defendant, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, etc., all of the sentencing conditions indicated in the records and theories of the case, including the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable, and thus, the unfair argument in sentencing between the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, that the deletion of the "written statement by the police concerning the Z" and "written statement by the police concerning the Z" in the summary of the evidence of the judgment below

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