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(영문) 수원지방법원 2019.09.20 2019노4175
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

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

2. The lower court sentenced the Defendant to eight months of imprisonment in consideration of the circumstances unfavorable to the Defendant and favorable circumstances.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion in light of the following: (a) the conditions for sentencing in the trial; (b) the Defendant had the history of having been punished for the same kind of crime; and (c) the equity with the sentencing of other accomplices and the applicable sentences; or (d) it is recognized that maintaining the lower court’s determination of sentencing is unreasonable.

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

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

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