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(영문) 수원지방법원 2019.11.25 2019노4815
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant led to the crime of this case, the circumstances leading to the defendant's occurrence of the crime of this case, and the fact that the defendant was faced with an difficult economic situation, the punishment of the court below (two years and six months of imprisonment) is too unreasonable.

B. In light of the fact that the prosecutor’s defendant was punished for the same kind of crime several times, the amount of damage is significant, the defendant did not agree with the victims, and some of the crimes were committed during the same kind of repeated crime, etc., the sentence of the court below is too uneasible and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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