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(영문) 창원지방법원 2020.02.05 2019노2537
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 (two years of imprisonment) is too unreasonable.

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

2. The lower court determined the sentence by taking into account the following factors: (a) the Defendant’s perception and reflection of the instant crime; (b) the amount obtained by deception, but the damage was almost not recovered; and (c) the Defendant’s age, character and conduct, environment, motive and method of the crime; (d) details and method of the crime; (e) developments leading to the crime; (e) circumstances after the crime; and (e) the records and arguments of the instant case, including

All the grounds for unfair sentencing asserted by the Defendant and the Prosecutor appear to be the circumstances in which the lower court had already taken full account of the Defendant’s punishment, and there are no circumstances to deem that the above sentencing conditions have changed, and considering the above sentencing conditions, the lower court’s punishment is reasonable within the reasonable scope of discretion.

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

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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