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(영문) 제주지방법원 2016.09.01 2016노305
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant committed each of the instant crimes while being sentenced to a suspended sentence for the same kind of crime, and the Defendant did not agree with the victims, etc. are disadvantageous to the Defendant.

However, the Defendant had the attitude of recognizing and opposing each of the instant offenses, and there is no record of having been sentenced prior to the instant punishment, taking into account the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant offenses, means and method of the instant offenses, and all of the sentencing factors in the process of the instant records and trial, such as the circumstances after the commission of the offense, it cannot be deemed that the sentence imposed by the lower court exceeded, is too heavy, or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and 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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