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(영문) 서울북부지방법원 2016.08.12 2015노2230
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records of the judgment on the appeal by the defendant, the defendant was dissatisfied with the judgment of the court below on November 20, 2015 and filed an appeal. On December 14, 2015, the defendant was notified by this court of the receipt of the records on the appeal case on December 14, 2015, and the reason for appeal under Article 361-3(1) of the Criminal Procedure Act is not submitted within 20 days (excluding 14 days not included in the period for submitting the statement of reason for appeal under Article 156-2(4) of the Rules on Criminal Procedure) which is the period for submitting the appeal (excluding 14 days not included in the period for submitting the statement of reason for appeal pursuant to Article 156-2(4)

In addition, the defendant's appeal is dismissed because it is not possible to find any specific reasons for ex officio investigation on the record.

2. Judgment on the prosecutor's appeal

A. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

B. In light of the facts alleged by the prosecutor on the grounds of appeal, the lower court’s sentence against the victims cannot be deemed unfair even if it is deemed that the lower court’s punishment on the Defendant, which was additionally agreed with some victims, is unafford, even after having agreed upon, considering all the circumstances alleged by the prosecutor on the grounds of appeal.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

3. If so, the Prosecutor’s appeal cannot be accepted, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

Defendant’s appeal shall be dismissed by decision in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, but as long as the prosecutor’s appeal is dismissed by decision, it shall be dismissed by decision. It is so decided as per Disposition.

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