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(영문) 서울남부지방법원 2020.09.08 2019노1628

사기

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (Defendant A and the prosecutor): Imprisonment for six months, the suspension of execution of two years, the community service order 40 hours, Defendant B: fine of three million won); and

2. We also examine the grounds for appeal by the Defendant A and the Prosecutor.

If there is no change in the conditions of sentencing compared with 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). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all of the sentencing factors indicated in the pleadings of the instant case, such as the Defendants’ age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too heavy or it is difficult to view that it exceeded the reasonable scope of discretion by putting too heavy.

Therefore, the defendant A and the prosecutor's argument are without merit.

3. Conclusion, the appeal filed by Defendant A and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

(However, since it is clear that Article 30 was omitted after the "Article 347 (1) of the Criminal Procedure Act" in Part 14 of the third part of the judgment of the court below, it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.