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(영문) 의정부지방법원 2016.10.06 2016노1661
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (for defendant A: 4 months of imprisonment with prison labor and defendant B: 6 months of imprisonment) is too unreasonable.

The above-mentioned sentence sentenced by the court below to Defendant B is too unhued and unfair.

Judgment

Defendant

A is recognized that there is no record of punishment exceeding the punishment and fine imposed for the same crime, and that the defendants are divided into errors and rebuttals.

However, the crime of this case is committed by obtaining money from the victim who started the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening.

Defendant

The degree of participation in A cannot be deemed to be less severe, and the defendant B has been punished several times for the same kind of crime such as being sentenced to the suspension of the execution of imprisonment due to criminal fraud in the past.

Defendants did not agree with victims or make efforts to recover from damage until the trial.

In full view of the above circumstances and the Defendants’ age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of recommended sentences according to the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Sentencing Committee, it cannot be deemed that the lower court’s punishment against the Defendants is too unreasonable, and it cannot be deemed that the Defendant B’s punishment is too unreasonable.

Therefore, the defendants and the prosecutor's arguments are without merit.

Therefore, the appeal filed by the Defendants 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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