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(영문) 서울중앙지방법원 2017.11.24 2017노3587
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) No. 1 deliberation (the crime No. 1 and No. 3-a. of the judgment in its holding), the crime No. 2 and No. 3-b of the judgment in its holding;

With respect to the crime, the summary of the reason for appeal by the defendant is too unreasonable because of the excessive reduction of punishment, and the summary of the reason for appeal by the prosecutor is too uneasy so that punishment is too uneasy and unfair.

2. We also examine the reasons for appeal by the defendant and the prosecutor.

In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate trial, in full view of the various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means, and consequence of the crime, the first instance judgment is too heavy or unreasonable as it goes beyond the scope of discretion, in light of the various circumstances indicated in the column for “reasons for sentencing”.

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

3. If so, the appeal 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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