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(영문) 수원지방법원 2019.07.19 2019노2929
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court sentenced the Defendant to 10 months of imprisonment and forfeiture, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In light of the fact that part of the amount of damage to the instant crime appears to have been recovered from damage, and that the judgment of the court below exceeded the reasonable limit of discretion, or that the maintenance of the judgment of the court below is unreasonable, there is no circumstance that the court below’s determination is deemed to have exceeded the reasonable limit of discretion, or that it is unreasonable to maintain the judgment of the court below.

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

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

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