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(영문) 서울서부지방법원 2020.06.18 2020노344
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year and six months of imprisonment), the defendant asserts that the defendant is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court on the ground that no new data to be considered in the health room and the trial have been submitted.

In full view of all the factors revealed in the records and arguments of this case, the sentencing of the court below is too heavy or it is difficult to hold the court below out of the reasonable scope of discretion because it is fluent.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion 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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