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(영문) 서울중앙지방법원 2016.08.11 2016노1801
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant is too unreasonable because it is too unreasonable, while the prosecutor asserts that the defendant is too uneasible to the punishment sentenced by the court below (a year and June, and confiscation).

2. In full view of the facts that there is no change in the conditions of sentencing compared with the original judgment in comparison with the motive, means, and result leading to the instant crime, the circumstances after the commission of the crime, age, sexual conduct, environment, etc. in favor of or against the Defendant, as well as all other circumstances that form the conditions of sentencing as shown in the records and arguments, the lower court’s sentencing is too heavy or it is deemed that the lower court exceeded the reasonable scope of discretion, as it is too heavy in sentencing.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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