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(영문) 서울중앙지방법원 2018.01.12 2017노3963
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. Prosecutor 1) As to the acquittal portion on the charge of fraud among the facts charged in the instant case by misunderstanding the facts and misapprehension of the legal doctrine, the prosecutor cited the acquittal portion on the ground of appeal by misunderstanding the facts and misapprehension of the legal doctrine. The misapprehension of the legal principle is based on the court below’s finding of facts in violation of the rules of evidence, and as a whole, the

According to the evidence submitted by the prosecutor, the defendant is recognized as participating in the crime of this case.

2) Undue sentence of the lower court is too minor.

2. Determination

A. Examining the assertion of misunderstanding the facts and misapprehension of the legal doctrine in light of the record, the evidence submitted by the prosecutor on the grounds of the reasons stated in Articles 6 through 7 of the written judgment of the court below was proved without any reasonable doubt that the Defendant participated in the crime of fraud as stated in the facts charged.

It is difficult to see

The judgment of the court below that made is correct, and it is not erroneous in the misapprehension of legal principles as alleged by the public prosecutor.

B. In light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record, the lower court’s sentencing is not deemed unfair.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

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