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(영문) 인천지방법원 2019.11.22 2019노2769
사기등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant A (one year and six months of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for one year and six months, confiscation, Defendant B: fine of three million won) that the lower court sentenced the Defendants is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the records and arguments of this case, taking into account the various circumstances asserted by Defendant A and the Prosecutor as the grounds for appeal, the lower court’s punishment is too heavy or too excessive so far as it goes beyond the reasonable scope of discretion.

Therefore, we cannot accept all the defendant A and prosecutor's argument of unfair sentencing.

3. In conclusion, since the appeal against the defendants A 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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