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(영문) 서울중앙지방법원 2020.06.12 2020노935
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unreasonable, and that the prosecutor is too uncompared and unfair, with regard to the punishment (a prison term of three years and six months, and confiscation) declared by the court below.

2. It does not seem that there are new circumstances or special changes in circumstances that can be reflected in the sentencing after the pronouncement of the lower judgment, and further, considering the circumstances and various sentencing conditions stated in the reasoning of the lower judgment in the sentencing as a whole, it cannot be deemed that the lower court’s punishment was excessively heavy or unhued and exceeded the reasonable scope of discretion. Thus, the Defendant and the prosecutor’s above assertion are without merit

3. As such, the defendant and the prosecutor's appeal are without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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