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(영문) 서울중앙지방법원 2016.11.18 2016노3346

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment, the accused and the prosecutor) sentenced by the first instance court is too heavy or too low;

2. In the instant case where there is no particular change in the sentencing conditions that can be considered to the Defendant for the first time in the appellate trial, taking into account the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, it is difficult to deem that the sentence imposed by the first instance court is too heavy or unreasonable because it goes beyond the scope of the sentencing discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed.