beta
(영문) 의정부지방법원 2019.09.05 2019노1316

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s imprisonment with labor and two months is too heavy or too unhued. The examination is unfair.

2. We also examine the argument of unfair sentencing by the Defendant and the prosecutor.

In light of the contents, frequency, degree of damage, etc. of each of the crimes of this case, the liability for the crime of this case is not easy, and the defendant not only has the record of being punished several times for the same crime but also has the record of repeated crime due to the same crime, but also has committed each of the crimes of this case and has not been recovered from damage.

On the other hand, there are favorable circumstances such as the fact that the defendant shows an attitude against the defendant by recognizing the crime, and the amount of damage of each of the crimes of this case is relatively small.

In full view of the various sentencing conditions indicated in the instant case, including the above circumstances, such as character, conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, the lower court’s sentence is deemed appropriate within the scope of discretion.

Therefore, both the defendant and prosecutor's assertion of unfair sentencing is rejected.

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.