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(영문) 인천지방법원 2019.02.19 2018노4038
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In a case where 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, Jul. 23, 2015). Based on the foregoing legal doctrine, the Defendant confessions the instant crime at the time of the trial, but there is no particular change in the sentencing conditions compared to the lower court’s judgment, and in full view of the sentencing factors revealed in the process of the instant pleading, it is difficult to deem that the lower court’s sentencing is too heavy or hunded so far as it goes beyond the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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