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(영문) 전주지방법원 2019.01.24 2018노1245
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant - The lower court’s imprisonment (four months of imprisonment) is too heavy.

B. Prosecutor’s unreasonable sentencing - The lower court’s sentence is too minor.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

All of the circumstances alleged by the prosecutor as an unfavorable element in relation to the sentencing in the trial court and the circumstances alleged by the defendant as an favorable element in the court below’s oral proceedings, and there is no change of circumstances in relation to the matters subject to sentencing after the pronouncement of the court below.

The lower court shall not be deemed to have determined a punishment by fully taking into account all the circumstances that the Defendant and the Prosecutor have already asserted as the grounds for appeal, and that such a punishment is too weak, or that it exceeded the reasonable scope of discretion on the court’s determination of sentencing.

Therefore, each of the prosecutor and the defendant's arguments on unfair sentencing are rejected.

3. In conclusion, since each appeal filed 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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