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(영문) 대전지방법원 2018.06.20 2018노786
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court’s judgment, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from the first instance court’s judgment on the sole ground of the difference between the view of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the aforementioned legal principles, it is desirable to refrain from imposing a sentence that does not vary from the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, the lower court recognized the Defendant’s mistake, the lower court’s family members supporting the Defendant, and the crime of the second instance court’s crime was committed in a systematic and planned manner against many unspecified persons.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

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

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