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(영문) 서울중앙지방법원 2018.07.06 2018노944
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (10 months of imprisonment) is too unreasonable.

The prosecutor's (unfair sentencing) sentence of the lower court is too uncomfortable and unfair.

Judgment

In full view of the following circumstances: (a) the Defendant made a confession of all crimes when the Defendant was in a trial; and (b) the case and equity should be taken into account when the judgment became final and conclusive; (c) while the instant crime is organized by many and unspecified victims; (d) the nature of the crime is not good; (e) the total amount of the defrauded is more than KRW 60 million; and (e) other circumstances that form the conditions for sentencing as indicated in the records and pleadings, the Defendant’s punishment against the Defendant is too heavy or uneasible; and (e) the Defendant and the Prosecutor’s assertion are without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition (The judgment of the court below is erroneous as stated in the annexed revision, and such error is corrected ex officio in accordance with Article 25 (1) of the

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