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(영문) 춘천지방법원 2018.10.05 2018노612
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. After the judgment of the court below, the victim E in fraud expressed that the defendant would not want the punishment of the defendant on the ground that the defendant was paid all the remaining amount of damage which was not paid by the court below, and the police officer I expressed that the police officer I does not want the punishment of the defendant in relation to the obstruction of special performance of official duties.

In light of the conditions of sentencing and the reasons for sentencing indicated in the records and changes in the judgment of the court below, even if considering all the circumstances asserted by the defendant on the grounds of appeal, including the recovery of additional damage and the intention to not impose punishment in the appellate court, the sentence of the court below cannot be deemed unfair due to the lack of punishment.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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