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(영문) 부산지방법원 2018.04.13 2018노338
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall be 121,500 won, which shall be obtained by deception from the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that no new data on sentencing are submitted in the trial, and there is no change in the sentencing conditions compared with the lower court’s given that the sentencing of the lower court was too heavy or unhued and exceeded the reasonable scope of discretion, in full view of the factors revealed in the argument process of the instant case.

It does not appear.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is ordered that the defendant pay 121,500 won by deceit to the applicant for compensation in accordance with Articles 25(1), 31(1) and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the defendant and the prosecutor shall be ordered to make a provisional execution sentence under Article 31(3) of the same Act. It is so decided as per Disposition.

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