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(영문) 서울남부지방법원 2020.12.14 2020노2000
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of the grounds for appeal (unfair form of punishment)

A. The sentence imposed by the prosecutor (two years and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too 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 following: (a) there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted at the trial court; and (b) in full view of the reasons for sentencing as stated by the lower court and the reasons for sentencing as indicated in the instant records and the trial process, it is not recognized that the lower court’s sentencing is too heavy or too unreasonable, and thus, exceeded the reasonable scope of discretion.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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