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(영문) 부산고등법원 2017.09.06 2017노323
통화위조등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (i.e., imprisonment of one year and eight months; (ii) confiscation; (iii) confiscation; and (iv) imprisonment of one year; and (v) imprisonment of one year and two months) of the lower court is too heavy or unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as stated in its reasoning, determined the punishment against the Defendants by taking into account favorable or unfavorable circumstances favorable to the Defendants.

Defendants and prosecutor’s arguments were already taken into account in the course of sentencing, and there were no new changes in the lower court’s punishment in addition to the circumstances considered by the lower court.

Considering such circumstances and all of the sentencing conditions under Article 51 of the Criminal Act as shown in the hearing of the lower court and the parties, the lower court’s sentence exceeded the reasonable bounds of discretion in sentencing, or is unfairly heavy or light, such as the grounds for appeal.

shall not be deemed to exist.

The Defendants and the prosecutor’s arguments are without merit.

3. The appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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