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(영문) 수원지방법원 2021.01.29 2020노6301
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The main point of the grounds for appeal is that the court below's punishment (one year and six months of imprisonment) is too heavy or it is too heavy to the defendant (the defendant).

Judgment

As stated in its reasoning, the lower court determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, including the fact that the Defendant recognized and reflected each of the instant crimes, and that the Defendant’s health status is not good, and the circumstances alleged by the prosecutor on the grounds of appeal, including the circumstances alleged by the Defendant on the grounds of appeal and the fact that the total amount of damage to the victims is KRW 160 million, are considered as already reflected in the sentencing process of the lower court

In full view of various circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, health status, criminal history and contents thereof, attitude at an investigation agency and court, victims’ recovery of damage, degree and nature of the offense, motive, means and consequence of the offense, and circumstances after the commission of the offense, etc., the Defendant’s punishment against the Defendant is too heavy or uneasible to the extent that it goes beyond the reasonable scope of the discretion of the lower court, and thus, is unreasonable.

In conclusion, since each appeal of this case by the defendant and the prosecutor is without merit, 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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