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(영문) 수원지방법원 2020.03.17 2019노5360
사기등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the judgment of the first instance court against the defendant (two years of imprisonment) is too unreasonable.

(b) The sentence of the first instance judgment against the Defendant by the Prosecutor is too unhued and unreasonable;

2. 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). In light of the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) the Defendant’s each crime was committed; and (b) the fact that the Defendant did not have the same criminal power.

On the other hand, each crime committed against an unspecified number of people is a situation unfavorable to the defendant, such as the fact that the victim reached several times, and the amount of damage is very high, and the nature of the crime is not very high, and that the damage has not been recovered until the trial.

The court of the first instance seems to have determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions compared with the first instance court because new sentencing data have not been submitted in the trial.

In addition, the sentencing of the court of the first instance is too heavy or unreasonable because it goes beyond the reasonable scope of discretion, taking into account the various circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense.

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

3. The appeal by the defendant and the prosecutor are without merit, and all of the 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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