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(영문) 청주지방법원 2017.04.28 2016노1314
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasoning of the appeal is too unreasonable because of the punishment (five million won penalty) declared by the court below.

The prosecutor asserts that the above punishment is too unfilled and unfair.

2. We examine the arguments of the Defendant and the Prosecutor.

The lower court seems to have determined a punishment against the Defendant by fully taking account of the circumstances favorable to the Defendant, such as the fact that the Defendant committed the instant crime during the period of repeated crimes, the Defendant committed the instant crime, the fact that the Defendant did not reach an agreement with the victim, the fact that the amount of damage caused by the instant crime is relatively large, and the Defendant returned 90,000 won to the victim, and endeavored to recover damage, such as deposit of 3 million won, even though he had the record of having been punished several times due to the same crime.

In addition, there is no such circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, and it is deemed unfair to maintain the sentencing of the lower court as it is.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

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

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