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(영문) 수원지방법원 2019.01.25 2018노6935

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The punishment of the court below in the grounds of appeal is too heavy or it is unreasonable to fluorize the defendant.

2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.

If there is no change in the conditions of sentencing compared with the original judgment, and the sentencing of the original judgment is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstances alleged by the defendant as the grounds for appeal (such as the recognition of facts of crime, the economic situation is not good, and there is no record of having been sentenced to a fine in excess of the same kind of power, etc.) and the circumstances alleged by the prosecutor (such as the fact that the amount of damage is relatively large, and the injured party was not repaid or agreed on) are considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In full view of the sentencing conditions, such as the character and conduct of the defendant, environment, motive, means and consequence of the crime, circumstances after the crime, etc., comprehensively taking account of the following: (a) the defendant’s family members, etc. wishing to have the wife; (b) the victim complained of economic and mental suffering due to the crime in this case; and (c) the concealment of the down payment after return of the down payment, etc.; and (d) the character and conduct of the defendant, environment, motive, means and consequence of the crime as indicated in the original

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is

[However, the judgment of the court below is clearly erroneous in the statement of "5,070,184 won" of "5,070,184 won" of "58,070,484 won" below 7 lines below the third below, and such correction shall be made in accordance with Article 25 (1) of the Rules on