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(영문) 서울남부지방법원 2015.06.25 2015노359
사기등
Text

All appeals by the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for the first instance court; and fine of two million won for the second instance court) that the court below sentenced to the defendant is too unreasonable.

2. Determination

A. Two original judgments were consolidated in the first instance court, but the sentence of the first instance court is imprisonment with prison labor, and the sentence of the second instance court is different from that of a fine, and as examined thereafter, it does not constitute a case where a single sentence is imposed by maintaining the sentence of the first and the second instance court as it is, and thus, it does not ex officio destruction on the ground of a consolidation itself.

B. Compared with the sentencing conditions as indicated in the instant records and pleadings, it does not seem that the lower judgment’s respective sentences are too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant are without merit. It is so decided as per Disposition.

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