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(영문) 대전지방법원 2016.10.20 2016노2058
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and two months of imprisonment) is too unreasonable.

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

2. The so-called Bosing crime, such as this case’s case’s decision on the assertion of unfair sentencing, is a crime against many and unspecified persons, and social impulses are so strong that the nature of the crime is less and less than that of the crime. As such, there is no contribution to the recovery of damage, the Defendant has fled for one year after the instant crime, and the Defendant has a history of criminal punishment due to imprisonment and fines, etc. on several occasions, etc., that are disadvantageous to the Defendant.

However, in light of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive for and consequence of the crime, and circumstances after the crime, the sentence of the court below is not deemed to be too weak or unreasonable, in light of the following factors: (a) the Defendant committed the crime in this case when it comes to the trial; and (b) the amount of damage is not significant.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and 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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