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(영문) 서울중앙지방법원 2019.01.10 2018노3115
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (e.g., imprisonment with prison labor for two years and forfeiture) presented by the court below is so unreasonable that it is so unreasonable, and the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.

2. We also examine the argument of the Defendant and the Prosecutor.

The circumstances on which the Defendant and the Prosecutor alleged that the sentencing of the lower court is unreasonable were suspended during the oral proceedings of the lower court, and the lower court determined the sentence by taking this into account.

The judgment below

There is no change in the special circumstances or circumstances that can be newly considered in sentencing after the sentence.

In full view of all the sentencing conditions indicated in the records of this case, such as the circumstances favorable to the defendant who appropriately explained by the court below, such as the defendant's age, character and conduct, family relation, criminal record, motive and background of the crime, means and method of the crime, and the circumstances after the crime, the sentence imposed by the court below cannot be deemed reasonable, and it cannot be deemed that the punishment imposed by the defendant is too heavy or unreasonable

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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