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(영문) 서울서부지방법원 2020.12.14 2020노714

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year and two months) is deemed to be too unhued and unfair.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(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.

The judgment below

Since then, there is no new circumstance that could change the sentence of the court below in the trial court, and even if considering the defendant's age, character and conduct, environment, motive and means of the crime, circumstances after the crime, etc., all the sentencing conditions stated in the argument of this case, such as the defendant's age, character and conduct, environment, motive and means of the crime, etc., the sentencing of the court below is too

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.