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(영문) 서울북부지방법원 2017.05.11 2016노2715
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

In light of various circumstances, including the Defendant’s recognition of the instant crime and the fact that there is no record of criminal punishment beyond the fine, etc., the Defendant did not recover damage to the Defendant and the victim’s punishment, and the injured person wanted to be punished against the Defendant, etc., as well as other circumstances that are the conditions for sentencing indicated in the records, such as the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, environment, occupation, family relation, etc., the sentence imposed by the lower court cannot be deemed to be too heavy or unreasonable, and thus, each unfair argument of sentencing by the Defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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