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(영문) 수원지방법원 2019.10.14 2019노2502
사기등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendants did not have any conclusive intent to exercise a forged check, the fact that the victim paid a considerable amount of damage to the victim, the economic situation of the Defendants, etc., the lower court’s punishment (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. In light of the prosecutor’s criminal records, the nature of the instant crime, the circumstances before and after the instant crime, etc., the lower court’s punishment is too unfasible and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

3. In conclusion, all appeals filed by the Defendants and the Prosecutor are without merit, and all appeals are dismissed. It is so decided as per Disposition.

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