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(영문) 서울동부지방법원 2019.03.28 2018노1748
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The grounds for appeal (unfair punishment) asserts that the Defendant is too unafford by the lower court’s punishment (two years and six months of imprisonment), and that the prosecutor asserts that the above punishment of the lower court is too unafford and unfair.

2. In full view of the grounds for sentencing indicated in the arguments and records of the instant case, namely, each of the instant crimes committed against many unspecified victims, whose damage was not recovered, and whose nature of the crime was poor, the Defendant’s participation was relatively low, and the Defendant’s confessions and reflects against each of the instant crimes, etc., the lower court’s sentencing appears to be reasonably determined by fully taking into account all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor, and there are no special circumstances to the extent of changing the sentencing ex post facto. Accordingly, the Defendant and the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

(However, since each “BN” in Part 7, Part 10, and Part 7 of the decision of the court below is clear that it is a clerical error of “D”, it shall be corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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