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(영문) 서울서부지방법원 2018.09.13 2018노682
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant filed each appeal on the grounds that the lower court’s punishment is too unfluent and unfair, on the grounds that the Defendant was too unfluent and unfair.

2. In determining the sentence against the defendant, the court below sentenced the defendant to a punishment within the recommended range of the sentencing guidelines set by the Supreme Court, comprehensively taking into account all the circumstances, such as the defendant's age, sexual behavior, environment, motive and background of the crime, means and consequence of the crime, and the following circumstances, including the fact that the defendant's appearance is bad in light of the motive and method of the crime in this case, the defendant's assertion that it is difficult to understand, and that the defendant's mistake is not likely to seriously violate his/her own mistake, excluding one million won, the damage was not recovered, the victim was humped, and the suspended sentence was sentenced twice for the crime in this case.

Examining the above sentencing of the lower court in light of the record, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion.

There is no change in circumstances to such an extent that maintaining the sentencing of the court below is unfair in the first instance court. Thus, the sentence of the court below cannot be deemed to be excessive, too heavy, or unfair because it is frightened.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor cannot be accepted.

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

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