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(영문) 창원지방법원 2020.05.07 2019노2856

사기등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

The sentencing of the lower court appears to have determined the sentence in full consideration of the various favorable circumstances to the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and the record of the crime in this case, it is not deemed that the sentence of the court below against the defendant is too minor or unreasonable.

3. The appeal by the conclusion prosecutor and the defendant 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.

(However, pursuant to Article 25 of the Regulation on Criminal Procedure, the term "16.8 million won" in Part 3 of the judgment of the court below ex officio shall be corrected as "1,6.3 million won," and "B" in Part 15.1.8 billion won, "B" in Part 9,457,718, and "16.8 million won" in the column for damage No. 1 of the annexed Table of the judgment of the court below shall be corrected as "1,6.3 million won per annum," and "B" in the column for damage No. 1 of the annexed Table of the judgment of the court below, "23,157,718 won per year," in Part 3 of the judgment of the court below, "2.4 million won per annum," and "total 1.8 million won" shall be corrected as "total 4, total 99,457,718 won."