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(영문) 서울북부지방법원 2019.03.22 2018노2115
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (a fine of KRW 10 million) is too unreasonable.

(b)any penalty (a fine of KRW 10 million) imposed by the first instance court on the prosecutor (unfairness) is too unhued and unreasonable;

2. Determination

A. The first instance court determined a fine of KRW 10 million against the Defendant by comprehensively taking account of the following factors: (a) the Defendant’s entire criminal act is recognized and against all; (b) the agreement with the victim K and the repayment of the amount of damage to the victim H; (c) the Defendant’s health is not good; (d) the circumstances leading to the commission of the crime; and (e) the Defendant’s age, character and conduct, family relationship, property status, and circumstances after the crime.

B. In full view of the factors and sentencing criteria as indicated in the first instance sentencing hearing process, the first instance sentencing judgment is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the Defendant and the prosecutor are already considered in the first instance court’s determination of the Defendant’s punishment, and there are no circumstances to find it unreasonable to maintain the first instance court’s determination of sentencing even in full view of the materials presented during the sentencing hearing of this court.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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