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(영문) 부산지방법원 2020.11.26 2020노2994

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of imprisonment (two years of imprisonment) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below sentenced the punishment in consideration of various sentencing reasons, such as the poor quality of the crime in light of the criminal history, method, etc., the fact that the money acquired through deception was not much and the damage was not recovered, the fact that the mistake was divided and reflected by mistake, and there was no record of punishment as well as no record of punishment exceeding the fine.

B. As new sentencing materials have not been submitted at the trial court, there is no change in the conditions of sentencing compared with the court below, and the defendant is divided and reflects all errors in the trial court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the court below is too heavy or frighted and exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, 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. It is so decided as per Disposition.