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(영문) 서울서부지방법원 2013.06.13 2013노212
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Both the Defendants and the Prosecutor appealed on the grounds that the sentencing of the lower judgment (a fine of KRW 6 million is unfair, and a fine of KRW 6 million is a fine of KRW 6 million) is unfair.

Judgment

The grounds for appeal by the Defendants and the prosecutor are also examined.

Considering that the Defendants had the same criminal history and Defendant B had been in the period of repeated crime at the time of the instant crime, strict punishment against the Defendants is necessary.

However, the circumstances favorable to the Defendants are the following: (a) the Defendants led to the confession of the instant crime; (b) the degree of damage caused by the instant crime was not much serious; and (c) the Defendants appears to have no direct economic benefits from the said crime.

In full view of the above circumstances and various circumstances that serve as the conditions for sentencing as shown in the records and arguments of this case, the lower court’s sentence against the Defendants cannot be deemed to have exceeded the reasonable bounds in the sentencing decision, nor be deemed to have been excessively light or heavy.

Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.

Therefore, the appeal 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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