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(영문) 전주지방법원 2021.01.21 2020노1531
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is deemed to be too heavy or (a) it is too heavy to the punishment (two years of imprisonment, confiscation) imposed by the court below (the defendant).

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the punishment by fully taking into account the various favorable and unfavorable circumstances against the Defendant, and there is no special change in circumstances that may change the sentencing after the lower judgment.

In addition, examining the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant case’s records and arguments, such as the background and history of the crime, the lower court’s punishment against the Defendant is too heavy or unreasonable as it goes beyond the reasonable scope of discretion.

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

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