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(영문) 수원지방법원 2019.05.02 2019노1430
사기
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 (one year of imprisonment) is too unreasonable.

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

2. In a case where there is no change in the conditions of sentencing compared with 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 circumstance that the Defendant is against the crime, the first offender, and the damage was recovered, and the victim was not punished (the grounds for appeal by the Defendant), the degree of the Defendant’s participation, and the need to be strict due to the characteristics of the Bosing crime (the grounds for appeal by the Prosecutor), etc. was already reflected in the sentencing of the lower court (the grounds for appeal by the Prosecutor).

In light of the following: (a) there is no change in the conditions of sentencing compared to the lower court’s failure to submit new sentencing data at the trial; and (b) other factors such as the circumstance and result of the instant crime, Defendant’s age, character and conduct, and environment after the instant crime; and (c) various conditions of sentencing as shown in the instant records and pleadings, it cannot be deemed that the lower court’s sentencing is too excessive or excessive, and thus, exceeded the reasonable scope

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without

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