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(영문) 의정부지방법원 2014.04.23 2013노1925
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 (the fine of KRW 8,000,000) sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor together, the Defendant was sentenced twice to imprisonment for the same kind of crime, and the Defendant was sentenced to a fine of eight times for the same crime, and committed the instant crime at the same time during the period of repeated crime due to the same crime, and the amount of defraudation by the Defendant is equivalent to KRW 70 million, while the Defendant was led to the instant crime, and the Defendant was led to the confession of the instant crime at the lower court, and the Defendant did not want the Defendant’s punishment by mutual consent with the victim and the victim at the lower court. The Defendant is currently in a state of health, and other sentencing conditions indicated in the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., considered all of the sentencing conditions stated in the record, the sentence imposed by the lower court is deemed appropriate, too heavy or too unreasonable, and each of the above arguments by the Defendant and the prosecutor are without merit.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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