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(영문) 부산지방법원 2021.02.16 2020노4203

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (10 months of imprisonment) is too unhued and unfair.

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing reasons, including the following: (a) the poor quality of the crime was committed; (b) most of the damage was not recovered; (c) the history of punishment for the same kind of crime was several times; and (d) some of the crime was committed during the repeated crime period; (c) the mistake was divided and reflected; and (d) some of the victims agreed with the victim and the victim did not want the punishment of the defendant.

B. There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing was too excessive or too heavy and exceeded the reasonable scope of discretion.

It does not appear.

(c)

Therefore, the argument of 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, and it is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure, since it is obvious that the "victim" in the 2nd sentence of 5th page of the judgment below is a clerical error of the "victim", and it is corrected ex officio pursuant to Article 25 of the Rules on Criminal Procedure