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(영문) 부산지방법원 2021.02.04 2020노3766

사기방조등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (a prison term of eight months, confiscation) and that the prosecutor is too unfased and unfair.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the first instance court’s trial, and where the reasons for sentencing as stated by the lower court are considered comprehensively, such as the Defendant’s age, sexual behavior, criminal history, motive or circumstance of the crime, and circumstances after the crime, etc., as stated in the lower court’s and the first instance trial, the punishment that the lower court rendered was conducted within the reasonable scope of discretion, and is not harsh or unfavorable.

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