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(영문) 부산지방법원 2016.05.27 2015노4709
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

2. The court below’s decision needs to be respected because there is no change in the conditions of sentencing compared to the court below’s decision because the defendant did not submit new sentencing data in the court below’s decision regarding the unfair argument of sentencing by the defendant and the prosecutor. The defendant committed the crime of this case without having been engaged in the same kind of power seven times, massing many victims, and failure to agree with the victims of the victim K and the non-exclusive fraud, etc., which are disadvantageous to the defendant, the defendant reflects the crime of this case in depth, the damage amount was agreed with the victim E, and other circumstances favorable to the defendant, such as the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., were considered, and it is not recognized that the court below’s excessive punishment is too heavy or unfair.

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

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