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(영문) 부산지방법원 2020.03.19 2019노4149

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (two years of imprisonment) declared by the court below is too unfasible, and the prosecutor is too unfased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). In light of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; and (b) the grounds for sentencing as stated by the lower court are the Defendant’s age, character and behavior; (c) method and background leading up to the crime; (d) the status and role of the Defendant in the instant crime; (e) the amount of damage; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to have been conducted within the reasonable scope of discretion, and is neither

3. In conclusion, the appeal filed 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.