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(영문) 수원지방법원 2019.08.26 2019노2729

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall obtain money from the applicant for compensation 227,165,00 won.

Reasons

The grounds for appeal by the defendant are unfair because the sentence of the court below (one year and two months of imprisonment) is too unreasonable, and the grounds for appeal by the prosecutor are too uncompared and unreasonable. However, even if the materials submitted in the court of appeal were presented, there is no significant change in the terms of sentencing compared to the court of the court below, and considering the reasons for sentencing indicated in the records of this case, it cannot be deemed that the punishment of the court below against the defendant is inappropriate, too less, or unreasonable. Thus, in the Criminal Procedure Act, the court of the first instance, which takes the principle of court-oriented and directness, has a unique area of the court of the first instance, and there is no change in the conditions of sentencing compared to the court of the first instance, and the sentencing of the

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The appeal filed by the Defendant and the prosecutor is dismissed in entirety as the grounds for appeal are without merit. Meanwhile, the instant application for compensation is cited on the grounds for appeal.