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(영문) 서울남부지방법원 2019.10.29 2019노1230
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal (two years of imprisonment, confiscation) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) On July 23, 2015, the lower court rendered the above sentence to the Defendant in consideration of the following circumstances: (a) under favorable circumstances: (b) the Defendant recognized the crime and appears to have gross profits acquired by the crime; (c) the criminal record of a fine for the crime of this case is only a criminal record; (d) the Defendant’s role is not easy to strictly cope with the crime of this case; and (e) the amount of damage is relatively large; and (e) the Defendant did not recover from damage up to the present; and (e) the Defendant was sentenced to the above sentence in consideration of the fact that there were no special circumstances or changes in circumstances that may newly take into account the sentencing in the trial; (b) the Defendant’s age, character and conduct, family relationship, motive and background of the crime, and all the sentencing factors indicated in the records and arguments of this case, including the circumstances after the crime, etc., the lower court’s sentencing is too heavy or unhued, and thus, has a reasonable scope of discretion.

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