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(영문) 서울서부지방법원 2020.01.16 2019노1513
사기
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 (five months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued 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 Decided July 23, 2015). As a new sentencing data is not submitted in the trial, there is no change in the conditions of sentencing compared to the original judgment, and considering the various sentencing factors stated by the lower court, including the amount of fraud, the amount of repayment, and the Defendant’s previous conviction, the sentence imposed by the lower court cannot be deemed to have been too heavy or unhued so far as it goes beyond the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor in conclusion are all without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act.

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