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(영문) 수원지방법원 2018.04.27 2017노8210
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (eight years of imprisonment) is too heavy or (the Defendant) frighted.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances alleged by the Defendant on the grounds of appeal (the confession of all of the instant crimes, the damage amount, as well as the amount of personal consumption, there were some benefits to the building owners, and there are no previous charges of the same kind.) and the circumstances alleged by the public prosecutor (such as fabrication of a lease contract document to conceal the crime, etc.), including the gravity of the crime, the prolonged duration of the instant crime, the number of victims and a large number of damage amount, the victims of the small lessee, who are victims, suffered damage not only before the property or a large amount of damage, but also after the recovery of damage) are considered in the sentencing process of the lower court.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively taking into account the conditions of sentencing, such as the character, conduct, environment, motive, means and consequence of the crime, etc., as shown in the deliberation by the court below and the party concerned, the sentence of the court below cannot be deemed to be too heavy or unfair as it goes beyond the reasonable scope of discretion.

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

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