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(영문) 부산지방법원 2017.11.17 2017노3366
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 (eight months of imprisonment) is too unreasonable.

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

2. A favorable circumstance is that recognition of a crime of judgment and reflects the fact that the victim has committed the crime, paid KRW 5.2 million to the victim as a profit, and deposited KRW 10 million in the original judgment, the equity in the case of a judgment at the same time as the first head of the crime of the original instance should be considered, and the support for young children should be provided.

However, even though the scale of damage is considerable, most of the damage is not recovered, and there is no agreement with the victim, etc. are disadvantageous to the defendant.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, in full view of the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records and theories in the above circumstances (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the sentence imposed by the court below is too heavy or uneasible and unfair, and thus, the defendant and the prosecutor's improper argument in sentencing is without merit.

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

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