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(영문) 전주지방법원 2015.04.17 2014노1447
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment, three years of suspended execution, three years of probation, and 120 hours of community service order) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. In light of the fact that the Defendant committed the instant fraud even though he/she had the record of criminal punishment twice or more due to the previous frauds, even though he/she had been subject to punishment, the Defendant committed the instant frauds in spite of the past history of criminal punishment. The crime of false accusation is actively infringing on the State’s criminal justice function and the other party’s risk of being subject to unfair criminal punishment, and the Defendant’s strict punishment against the Defendant is necessary in view of the fact that the amount of damage caused by the instant frauds reaches KRW 120 million and the damage has not been completely recovered.

However, in light of the fact that the defendant recognized the crime of this case and made a mistake against the defendant, that the defendant deposited KRW 34.6 million for the victim F, that in relation to the crime without accusation, the defendant's confession at the investigation stage and the disadvantage such as criminal punishment is not realized to the defendant who is actually subject to criminal punishment, and other various sentencing conditions in the argument of this case, such as the defendant's age, character and conduct, family environment, it is not recognized that the sentence imposed by the court below is too weak or unreasonable.

Therefore, both prosecutor and defendant's arguments are rejected.

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

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