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(영문) 인천지방법원 2017.11.17 2017노3457
준사기등
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment with prison labor) against the Defendants (unfair sentencing) is too unreasonable.

B. The lower court’s each sentence against the Defendants is too uneasible and unfair.

2. In light of the facts that the Defendants were accused of the crime at the time of the trial, that the Defendants led to the confession of the crime, that the victim wanted to take the Defendant’s wife against the Defendants, and that the victim paid KRW 20 million to the Defendants, the crime of this case was committed by taking most of the benefits that the Defendants received for five years using the victim with intellectual disability, and that the crime of this case is not good, and that the nature of the crime is not good. At the investigation stage, the fact that the victims and the users of the victim were aware of their intellectual ability to make the victims with intellectual disability as the disabled, and that they denied the crime, considering all the unfavorable circumstances to the Defendants, and the fact that they were aware of the crime was committed by the Defendants, taking into account the age, sex, environment, family relation, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment on the Defendants is too heavy or unfilled and unfair.

3. If so, the appeal against the Defendants and the public prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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