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(영문) 대전지방법원 2015.07.23 2015노1582
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The fact that the defendant led to the crime of this case and reflects his mistake, that there is no record of crime exceeding the fine, that the victim P did not want the punishment of the defendant, and that T did not want the punishment of the defendant, etc. are favorable circumstances to the defendant.

However, the crime of this case was committed repeatedly for a considerable period of time against many victims, the amount of damage of this case was a large amount of 100 million won, the defendant again committed the crime of this case even though he had been sentenced five times as the same crime, and most of the amount of damage was not recovered, and the victims other than the victim P and T wished to punish the defendant, and there is no particular normal relationship or change of circumstances that can reduce the above punishment in the trial at the trial. In full view of other factors such as the defendant's age, character, character, environment, motive, means and result of the crime, circumstances before and after the crime, and sentencing guidelines of the Sentencing Committee, the defendant and the prosecutor's assertion are not considered to be too heavy or unreasonable. Thus, all of the arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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