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(영문) 인천지방법원 2017.04.14 2017노766
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two years of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. The judgment of the defendant recognizes all the facts of the crime, and is against the defendant, and there is no record of criminal punishment in the previous Republic of Korea before the crime of this case. However, the crime of this case is likely to cause social harm, considering the degree of the defendant's participation (e.g., through recruitment, cash withdrawal, and transfer to the Chinese upper line), the victim's damage is not likely to be recovered, and all other circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, equity of punishment with accomplices, etc., are considered to be unfair because the court below's punishment is too heavy or it is unfasible. Thus, each of the arguments by the defendant and the prosecutor are without merit.

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

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