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(영문) 서울중앙지방법원 2018.07.12 2018노1306
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the argument of the Defendant and the Prosecutor.

The circumstances on which the Defendant and the Prosecutor alleged that the sentencing of the lower court was unfair have already been removed during the oral proceedings of the lower court, and there was no change in the circumstances or circumstances that may be newly considered due to the mitigation or aggravation of the punishment after the sentence of the lower judgment.

In full view of all the sentencing conditions indicated in the records of this case, such as the circumstances favorable to, and unfavorable to, the defendant, and the age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be deemed to be reasonable and unfair because it is too heavy or unbrupted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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