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(영문) 청주지방법원 2019.05.09 2019노352

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (two years and six months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The court below sentenced the above sentence to the defendant for the reasons of sentencing as stated in its holding. The circumstances alleged by the defendant as the reasons for sentencing favorable to the court below, such as the fact that the defendant committed each of the crimes in this case, and there are circumstances that may be considered not only when the defendant committed each of the crimes in this case, but also when the defendant committed the crime, and the total amount of damage exceeds 300 million won, and the victim's failure to recover damage at all, and thus, the victim's allegation as the reasons for sentencing unfavorable to the court below is deemed to have been sufficiently taken into account when determining the punishment in the court below. In addition, under the Korean Criminal Procedure Act where the trial-oriented principle and direct principle are adopted, there are no changes in the conditions for sentencing compared to the court of first instance, and where the court of first instance does not change in the conditions for sentencing and the sentencing does not deviate from the reasonable scope of discretion, the court below's determination is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per