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(영문) 수원지방법원 2017.01.05 2016노3781
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for each sentence (Defendant A: 6 months of imprisonment, 2 years of suspended execution, 120 hours of community service order, Defendant B: imprisonment with prison labor for 6 months of suspended execution, 2 years of suspended execution, and 80 hours of community service order) that the court below sentenced the Defendants.

2. The Defendants appear to have recognized the instant crime and against the mistake, and the Defendants appears to have repaid most of the instant damages to the victims G in the first instance, etc. are favorable to the Defendants.

However, even though the Defendants had been subject to criminal punishment several times in the past, they committed the same kind of crime in the case of Defendant B, even though they had the history of criminal punishment due to fraud, and there is a relatively small amount of damage from the instant crime as KRW 50,000,000, and it seems that the damage of the victim was not fully recovered from the instant crime until now. In full view of all the sentencing conditions indicated in the instant pleadings, including the Defendants’ age, sexual conduct, environment, family relationship, motive and circumstance of the instant crime, it cannot be deemed unfair since each of the punishments imposed by the lower court is too excessive.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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