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(영문) 부산지방법원 2021.01.14 2020노1888
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year and eight months of imprisonment), and the prosecutor is too unfasible and unfair.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court 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). There is no new circumstance to change the sentence of the lower court in the first instance court’s trial. If the reasons for sentencing as stated in the lower court’s reasoning are comprehensively taken into account various sentencing conditions, such as the Defendant’s age, sexual intercourse, force, background and method of the crime, amount of damage, amount of repayment, and circumstances after the crime, the sentence imposed by the lower court is deemed to have been conducted within the reasonable scope of discretion, or is not unreasonable.

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

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