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(영문) 수원지방법원 2017.06.22 2017노2378
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the Defendants: 10 months of imprisonment) is too unreasonable.

B. Each of the above forms of the lower court’s judgment is deemed to be too unhued and unreasonable.

2. We examine both the Defendants and the Prosecutor’s respective arguments.

They recognize and reflect their crimes, and victim AB does not want to punish the Defendants, etc. are favorable circumstances to the Defendants.

Meanwhile, in light of the circumstances leading up to the instant fraud crime committed against many unspecified persons, the frequency of the fraud crime, and the amount of damage amount, etc., the criminal intent is very poor; the victims of the fraud are likely to have recovered from the damage or have not agreed with the victims; the Defendants are deemed to have led to each of the instant crimes as the mother and child after the withdrawal; however, in light of the fact that the Defendants obtained a large amount of money during the short period of time, it is difficult for the Defendants to bring an action as above, and the Defendants have been punished for the same type of fraud crimes, etc., which are disadvantageous to the Defendants.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendants, and there is no special change in the depth of the case.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it is difficult to see that the sentencing of the court below is too heavy or it is unfair because it is frighten. Therefore, each of the above arguments by the Defendants and the prosecutor

3. In conclusion, each appeal by the Defendants and the prosecutor is without merit, 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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