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(영문) 수원지방법원 2016.11.02 2016노6084
사기등
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 (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued 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). However, there is no change in the conditions of sentencing compared to the original judgment on the grounds that new sentencing data have not been submitted in the trial court, and circumstances for which the Defendant and the prosecutor alleged on the grounds of unfair sentencing have already been reflected in the grounds for sentencing of the lower court. In full view of various circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have been too heavy or unaged so that the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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