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(영문) 부산지방법원 2020.04.09 2020노181
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (four months of imprisonment) declared by the court below is too unfasible, and the prosecutor is too unfased 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, amount of damage, circumstances after the crime, etc., as a whole, given that the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is neither hot nor minor.

3. In conclusion, the appeal filed 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.

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