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(영문) 수원지방법원 2019.05.10 2019노1503

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the lower court erred by misapprehending the facts and acquitted the Defendant on this part of the facts charged on the grounds of unfair sentencing, although the Defendant could sufficiently recognize the fact that he/she acquired pecuniary benefits by using an E card (credit card number L) under the victim’s name. 2) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Examining the evidence duly adopted and examined by the court below in light of the records in light of the prosecutor's assertion of misunderstanding of facts, the court below's decision that the defendant was not guilty of this part of the facts charged is justified on the ground that it is difficult to readily conclude that the evidence of this case based on the judgment of the court below was using the victim's E- Card L in the name of the victim, and since no new evidence corresponding to this part of the facts charged has been submitted in the trial, it does not seem that the court below erred by misunderstanding the facts as alleged by the prosecutor

3. Comprehensively taking account of the instant arguments and the grounds for sentencing indicated in the records on the assertion of unreasonable sentencing by the Defendant and the Prosecutor, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor. The mere fact that the Defendant made a confession of all the instant crimes in the final trial is difficult to view that there is a special reason to ex post

4. 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.