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(영문) 서울동부지방법원 2020.12.18 2020노1234
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. (1) Defendant (1) was aware of the fact that the Defendant was aware of the fact in relation to stock investment and received a daily allowance, and there was no intention to participate in the singishing crime.

(2) The above sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. The court below found the defendant guilty of the facts charged in this case by taking into account the circumstances acknowledged by the evidence duly admitted and investigated. In addition, if the defendant takes account of the circumstances such as the statements adopted by the evidence above, and the defendant received a large number of another person's name and resident registration number from the singinging employee to transfer cash received from the singing victim to a mobile phone text message (Evidence No. 140, 151 of the evidence record), the above judgment of the court below is correct, and there is no error of law of misunderstanding of facts as alleged in this part.

B. The lower court’s judgment on the assertion of unfair sentencing by the public prosecutor and the Defendant appears to have reasonably decided the sentence of the lower court, taking full account of all the circumstances, including various grounds for sentencing asserted by the public prosecutor and the Defendant, and there is no change in the sentencing conditions that may change the sentence compared to the lower court, and taking full account of various conditions of sentencing, including the Defendant’s age, character and conduct, environment and circumstances after the crime, etc., it cannot be deemed that the lower

Therefore, this part of the prosecutor and the defendant's argument is without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and Article 364(4) of the Criminal Procedure Act is not reasonable.

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