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(영문) 서울중앙지방법원 2017.06.16 2017노1489
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The reason for appeal by the defendant is that the original sentence is too heavy, and the reason for appeal by the prosecutor is too minor for the original sentence.

However, considering the circumstances and the conditions of sentencing as stated in the reasoning of the lower court’s sentencing together, the lower court’s sentencing is deemed to be unfair as it goes beyond the scope of discretion so that it can not be reversed as it goes beyond the scope of discretion.

All appeals filed by the Defendant and the Prosecutor are dismissed (Provided, That the judgment of the court below is correct ex officio because it is clear that each fraud against the victim C, P, S, V, AB is an error in the name of each victim) of Article 347(1) of the Criminal Act.

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