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(영문) 춘천지방법원 2014.01.08 2013노731
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of imprisonment (eight months of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. The judgment follows: (a) the Defendant could have been punished for the same kind of crime due to the same thief crime, etc.; (b) the Defendant could have been punished for the same crime due to the same thief crime, etc.; (c) the Defendant again committed each of the instant crimes without being among persons during the period of probation due to occupational embezzlement, etc.; and (d) the Defendant did not take any substantial measures for the recovery of damage until the Defendant was in the court below; and (c) it is difficult to view that there is a relatively serious degree of damage due to each of the instant crimes, such as the Defendant’s mistake in depth; (d) the Defendant has been sentenced to imprisonment with prison labor; (e) the Defendant needs to take into account the favorable circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) other factors of sentencing as indicated in pleadings after the crime, etc. are considered appropriate, and thus, the prosecutor and the Defendant’s assertion is without merit.

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

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