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(영문) 서울중앙지방법원 2021.01.29 2020노3181
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the court below (one year of imprisonment with prison labor), the defendant asserts that the punishment is too unreasonable because the punishment is too unreasonable, and the prosecutor asserts that the punishment is too unfeasible and unfair.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In a case where there is no change in the conditions of sentencing compared to the original judgment and the sentencing of the original judgment does not exceed the reasonable scope of discretion, it is reasonable to respect them. As such, it does not seem to have any new circumstances or special changes that can be reflected in the sentencing after the original judgment is rendered, and furthermore, if the lower court comprehensively takes into account the circumstances revealed in the grounds of sentencing, the Defendant’s age, sex, environment, and circumstances after the crime, etc., and if it takes into account the circumstances revealed in the grounds of sentencing and various

subsection (b) of this section.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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