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(영문) 창원지방법원 2019.08.22 2018노2937
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant did not submit the grounds of appeal.

B. Prosecutor’s unreasonable sentencing

2. According to the records of this case regarding Defendant’s appeal, the following facts are revealed: (a) Defendant was dissatisfied with the lower judgment on November 29, 2018 and filed a petition of appeal; (b) Defendant did not state the grounds for appeal in the above petition of appeal; and (c) Defendant did not submit the written notification of receipt of notification of receipt of notification by public notice from this court on June 13, 2019; and (d) Defendant did not state the grounds for ex officio investigation even after examining the records.

Therefore, the defendant's appeal should be dismissed in accordance with Article 361-4 (1) and Article 361-3 (1) of the Criminal Procedure Act.

3. Even if the prosecutor’s judgment on the prosecutor’s appeal takes into account the circumstances that are favorable to the prosecutor’s appeal as the grounds of appeal, the lower court appears to have determined the punishment within a reasonable scope, taking full account of all circumstances regarding sentencing

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The prosecutor's assertion that the sentencing of the court below is unfair is rejected.

4. Since the appeal by the prosecutor of the conclusion is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the appeal by the defendant shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act, or as long as the pleading has been made, it shall be dismissed

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