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(영문) 서울중앙지방법원 2021.01.15 2020노3109
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the court below, the defendant asserts that the punishment is too unreasonable because the punishment is too unreasonable, and the prosecutor asserts that the punishment is too uneasible and unfair.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

If there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

As stated in the reasoning of the sentencing, the lower court determined the sentence in consideration of the favorable and unfavorable circumstances for the Defendant, and there was no change in the conditions of the sentencing of the lower court because new sentencing materials have not been submitted in the first instance court. In full view of the circumstances in the lower court’s reasoning and all of the conditions of the sentencing indicated in the pleadings, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the offense, and the result, the lower court appears to be reasonable, and is not deemed to be too heavy or unreasonable.

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

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

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