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(영문) 대전지방법원 2019.05.15 2019노725
사기미수방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's assertion that the court below sentenced the defendant to imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following circumstances: (a) there was no change in the conditions of sentencing compared to the original judgment because new sentencing data was not submitted at the trial court; and (b) the circumstances alleged by the Defendant and the prosecutor on the grounds of unfair sentencing appear to have already been reflected in the grounds of sentencing; and (c) other various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., on which the lower court’s sentencing conditions in the process of examining the sentencing, including the Defendant’s age, character and conduct, environment, motive

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, 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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