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(영문) 수원지방법원 2018.11.09 2018노4897
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (eight months of imprisonment) is too heavy or (the Defendant) it is too heavy.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In a case where there is no change in the conditions of sentencing compared to the original judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

Circumstances in which the defendant asserts on the grounds of appeal (a confession of a crime, the primary crime, and the damage was not actually caused).

The circumstances alleged by the prosecutor (such as the fact that it is necessary to strictly respond to the crimes of Bosing, the fact that the nature of the crime is inferior, the amount of damage exceeds 20 million won, and the special prevention and unilateral preventive effect, etc.) are already considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively considering the sentencing conditions, such as the character and conduct of the defendant, environment, motive, means and consequence of the crime, circumstance after the crime, etc. revealed in the deliberation of the court below and the party concerned, including the fact that the defendant neglected her children and the economic situation is not good, and that it seems that the health condition, such as the depression disorder, etc. is not good, and that the victim did not agree with the victim, it cannot be deemed that the sentence of the court below is too heavy or unreasonable because it exceeded the reasonable scope of discretion.

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

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