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(영문) 의정부지방법원 2019.05.30 2019노288
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is excessively unreasonable.

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

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances indicated on the grounds of sentencing (i.e., the confession of criminal conduct, the absence of criminal records exceeding fines, and the repeated crime using trust relationship, the sum of the acquired money reaches KRW 82 million, and the remaining victims have not recovered from damage) and all of the sentencing conditions indicated in the records and arguments of this case (such as the fact that G has paid KRW 10 million out of the damaged amount, which is part of KRW 38.5 million, and the victim’s punishment is not wanted. On the other hand, the remaining victims wished to strong punishment and the victim appears to have suffered considerable economic difficulties due to the instant crime, and the court below’s decision to punish the defendant as an unlawful crime, including the following circumstances: (a) the defendant was sentenced to a fine not exceeding KRW 90,000,000,000,000 for the victim’s child and the victim’s children, and (b) the defendant did not have been subject to divorce.

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