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(영문) 전주지방법원 2018.05.24 2018노367
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

The circumstances alleged by the prosecutor as an unfavorable factor in sentencing in the trial of the political party and all the circumstances alleged by the defendant as an favorable factor in the trial of the political party are presented during the oral proceedings of the court below, and the court below has already reflected this sufficiently, and there is no change of circumstances in relation to the matters subject to sentencing after the sentence of the court below.

In full view of the grounds for sentencing cited by the court below and all other factors of sentencing indicated in the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below is too weak, or is in excess of the reasonable scope of discretion in the court's determination of the sentencing.

shall not be deemed to exist.

Therefore, prosecutor and defendant's arguments are not accepted.

3. As such, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (as long as the court below's decision against the defendant is maintained, the part of the compensation order as cited by the court below shall also

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