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(영문) 의정부지방법원 2020.02.14 2019노455
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance, such as the fact that the Defendant was unable to obtain a letter from the victim, that there was a record of punishment for fraud, etc., and that the Defendant committed the instant crime during the period of suspended execution, and that the victim wanted to be punished against the Defendant.

However, there is an attitude of the Defendant to recognize and reflect the instant crime when it comes to the trial, and an equitable relationship with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) and the latter part of Article 37 of the Criminal Act should be considered at the same time in relation to the concurrent crimes under which the judgment has become final, and it is difficult to readily conclude that the victim actually suffered loss equivalent to the face value of promis

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime, etc., it is difficult to deem that the lower court’s punishment is too heavy or unreasonable, taking account of the overall sentencing conditions as indicated in the instant records and pleadings.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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