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(영문) 서울남부지방법원 2020.10.22 2020노1305
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 (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of imprisonment (three years of imprisonment) is too unhued and unreasonable.

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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant took part in the crime of Bosing and transferring money repeatedly, and the amount of damage reaches KRW 200 million, and the victims did not recover from damage.

However, considering the facts that the defendant was the first offender and the actual amount of profit was not significant, there is no special circumstance to change the sentencing after the judgment of the court below, and considering all the sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., it is not recognized that the sentence imposed by the court below is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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