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(영문) 수원지방법원 2016.01.20 2015노6082
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 (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant deceivings six victims, thereby deceiving 396,239,652 won in total, in light of the background, method and content of the crime, and the scale of damage, etc., the crime is not good, and multiple victims have committed repeatedly over a considerable period of time, and there is no agreement with the victims up to the trial, and there is a considerable amount of damage not recovered.

The circumstances are favorable to the defendant, such as the defendant's timing of committing a crime and reflects, the recovery of some damage, and the fact that the defendant has no record of criminal punishment.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court is deemed to be appropriate, and is too heavy, or is deemed to be unfair because it is too unreasonable, and thus, the assertion by the Defendant and the Prosecutor 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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