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(영문) 서울서부지방법원 2016.09.29 2016노469
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The gist of the defendant's appeal is that the court below's punishment (two years and six months of imprisonment) is too unreasonable, and the prosecutor's appeal's reasoning is too unfluent and unfair.

The following facts are the factors of sentencing that are disadvantageous to the Defendant: (a) the extent of damage caused by each of the instant crimes; (b) the Defendant committed fraud against a large number of victims; (c) the Defendant did not agree with the victims; and (d) the Defendant was sentenced to a punishment for fraud in around 2005; (b) the Defendant was sentenced to a fine four times as a crime of fraud in around 201 and around 2012; (c) on January 15, 2014, there was a past record of being sentenced to a suspended sentence of two years for a crime of fraud; (d) some of the crimes committed in the instant case where the suspended sentence was sentenced are similar to the instant crimes; and (e) the instant crimes were committed during the judgment on the suspended sentence of execution.

On the other hand, all of the crimes of this case are the sentencing factors favorable to the defendant, including the fact that the defendant confessions and reflects all the crimes of this case, and that the victims are also responsible for the expansion of damage of this case.

In addition, considering the Defendant’s age, sexual conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., it is deemed that the lower court’s punishment is too excessive or too heavy, and thus, it is deemed unfair. Thus, the Defendant and the Prosecutor’s assertion are without merit.

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

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