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(영문) 서울남부지방법원 2020.11.12 2020노1654
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 (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year and four months of imprisonment) of the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). In light of the following: (a) there is no history of criminal punishment in the Republic of Korea; (b) there is no substantial amount of damage; (c) there is no specific change in circumstances that could change the sentencing after the judgment of the court below; and (d) there is no other discovery of changes in circumstances that are revealed in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) the sentence imposed by the court below on the Defendant is deemed appropriate and deemed unreasonable because it is too heavy or uneasible. Therefore, the Defendant’

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 348(1) of the Criminal Act is amended to “Article 347(1) of the Criminal Act,” and ex officio correction is made in accordance with Article 25(1) of the Rules on Criminal Procedure.

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