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(영문) 의정부지방법원 2018.11.13 2018노2602
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (four months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. We examine both the judgment prosecutor and the defendant's respective arguments on sentencing.

The amount obtained by deceit due to the instant crime is about KRW 80,00,000.

Nevertheless, there was no adequate recovery of damage to the remaining part, excluding KRW 20,000 and KRW 3,000,000 paid by the former part of the civil case in accordance with the reconciliation clause in the related civil case.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and is against the law.

At the time of committing the instant crime, the Defendant did not have any particular criminal record except that sentenced once to a fine for a crime of 199.

The crime of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall be considered at the same time when the judgment was rendered.

This is the circumstances favorable to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence imposed by the lower court is appropriate and has exceeded the reasonable bounds of discretion, and the lower court’s judgment on sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. In conclusion, 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 appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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