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(영문) 광주지방법원 2020.05.28 2019노3104
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 (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both claims of the judgment.

A. In a case where there is no change in the conditions of sentencing compared with 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). B.

The court below set a sentence against the defendant in consideration of favorable circumstances, such as the fact that the amount of fraud is not a large amount, the fact that the victim wants to punish the defendant without restoring damage, and the fact that the crime in the judgment is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime for which judgment became final and conclusive, and the fact that equality should be considered in the case of judgment

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and in light of the balance of the sentencing with the same kind of crime, the defendant's age, character and conduct, motive of the crime, circumstances after the crime, etc., the court below's punishment is too heavy or it does not seem that the court below exceeded the reasonable scope of discretion by taking into account the factors revealed in the oral proceedings of this case.

Therefore, both parties’ assertion of unfair sentencing is rejected.

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

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