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(영문) 창원지방법원 2021.03.18 2020노3251
사기
Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (four months of imprisonment) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the determination of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized and against the instant crime.

The victims have not been able to recover from the victims until now, and the victims have not been able to take a stuff.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, and consequences, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court cannot be deemed to be too heavy or unfair because it goes beyond the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.

3. The appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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