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(영문) 서울동부지방법원 2018.11.16 2018노1201

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The grounds for appeal (unfair sentencing) asserts that the Defendant is unfair because it is too unreasonable for the Prosecutor as it is too unfasible to the punishment of the lower court (one year and two months of imprisonment).

2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various sentencing grounds asserted by the Defendant and the Prosecutor, and there are no special circumstances to the extent that the sentencing is modified ex post facto.

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 (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of the "Article 30 of the Criminal Act" among the first acts under Article 25(2) of the