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(영문) 서울중앙지방법원 2017.10.19 2017노413 (1)
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding the facts or misunderstanding the legal principles, the Defendant did not commit deception, did not participate in the business, did not intend to commit fraud, and did not conspired to commit the crime.

(2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The Defendant asserted as to the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine at the lower court, and the lower court rejected the Defendant’s assertion by stating the reasons in detail.

In full view of the evidence duly adopted and examined by the court below, the above determination by the court below is just, and this part of the defendant's assertion is without merit.

B. There is no special change in the sentencing conditions compared to the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor. In full view of the circumstances favorable to and unfavorable to the defendant as stated by the court below, and the various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, the sentence of the court below is too heavy or unreasonable.

The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in entirety on the grounds of merit.

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