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(영문) 수원지방법원 2016.07.13 2016노3057
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below (Defendant A: Imprisonment with prison labor for 8 months and Defendant B: imprisonment with prison labor for 6 months) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court’s given that no new materials were submitted in the trial court, and the Defendants have already asserted the sentencing for unfair reasons, and the lower court’s age, sex, environment, motive, means and consequence of the crime, etc. are already reflected in the grounds for sentencing, and the lower court’s sentencing is deemed appropriate in full view of various circumstances, which are the conditions of sentencing as expressed in the lower court’s sentencing trial process, including the Defendants’ age, sex, environment, motive and consequence of the crime, and circumstances after the crime, and it does not seem to go beyond the reasonable scope

Therefore, the defendants' argument of sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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