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(영문) 서울서부지방법원 2013.07.11 2013노523
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Appeal

both public prosecutors and the Defendant appealed on the ground that the sentencing (two years and six months of imprisonment) of the lower judgment is unreasonable.

Judgment

The grounds for appeal by prosecutors and defendants shall also be deemed to exist.

Considering the fact that the amount of damage caused by each of the crimes of this case exceeds a considerable amount, the victims D and C wanted to punish the victims, and the Defendant again committed each of the crimes of this case, even though he was sentenced to a suspended sentence of 2 years for a violation of the Attorney-at-Law Act at the Daegu District Court on October 2009, and was sentenced to a suspended sentence of 2 years for a violation of the Attorney-at-Law Act, strict punishment against the Defendant is necessary.

However, there are circumstances favorable to the defendant, such as the fact that the defendant led to the confession of each of the crimes in this case and reflects his mistake in depth, and that the defendant is paying damages to the victims.

In full view of the above circumstances and various circumstances that form the conditions of sentencing as shown in the records and arguments of this case, it cannot be deemed that the lower court’s sentence against the Defendant exceeded the reasonable bounds in the sentencing decision, or was too somewhat harsh.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit.

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