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(영문) 서울서부지방법원 2020.06.15 2020노445
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (a two years of imprisonment and six months of imprisonment) by the court below is too unreasonable and unfair, and the prosecutor is too uneasible and unfair.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

Based on the above legal principles, the lower court determined the punishment by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, etc., the lower court’s sentencing is too heavy or unhued, and thus, does not seem to have exceeded the reasonable scope of discretion.

Defendant

The prosecutor's assertion and prosecutor's assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, 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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