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(영문) 의정부지방법원 2020.12.04 2020노2417

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance, such as the fact that the Defendant, who acquired money from the victim, forged the document in the process and thereby is not good to the quality of the crime, and that the Defendant was unable to recover the damage to the trial.

However, the fact that the defendant recognizes the crime of this case and reflects the mistake, and that the defendant has no record of punishment as a crime of fraud is favorable.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, etc., and the overall conditions of sentencing as shown in the records and arguments of this case, and there is no change in the sentencing conditions compared with the original judgment, and there is no change in the circumstances of sentencing compared with the original judgment. As such, it cannot be deemed that the lower court’s sentence against the

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

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.