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(영문) 의정부지방법원 2019.06.20 2019노376
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (in each of the two cases, an unreasonable sentencing decision) by the lower court is too heavy or too unfasible.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

A. The lower court determined a sentence by comprehensively taking account of the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: The amount of fraud is not so much (60,300,000 won), the amount of unrefised damage remains a considerable part, and the victim is not agreed upon: A mitigated person: (a) recognized the crime and reflects the crime; (b) there is no same criminal record; and (c) part of damage was recovered

B. On the other hand, the grounds for unfair sentencing alleged by the Defendant and the prosecutor are already taken into account in determining the punishment, and accordingly, the lower court’s punishment determined thereon is within the scope of discretion and appropriate.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, both the defendant and prosecutor's assertion of unfair sentencing is rejected.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

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