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(영문) 수원지방법원 2019.02.15 2018노8191
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (eight months of imprisonment) is too unfilled and unreasonable. 2) Defendant’s sentence is too unreasonable.

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

In this court, there are no circumstances such as the fact that the defendant had no record of punishment for the same kind of crime and paid part (6 million won) of the amount of damage to the victim (122 pages of the trial record). On the other hand, the amount of damage is a large amount and did not receive a letter from the victim. In full view of the fact that the court below's judgment of sentencing exceeded the reasonable limit of discretion, or that the court below's judgment of sentencing was judged to have exceeded the reasonable limit of discretion, or that it is unreasonable to maintain the judgment of the court below as it is, in light of the fact that the defendant had been absent on several occasions of trial and has been detained and has been detained, etc.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is appropriate, and it is not recognized that the sentence of this case is too weak or unreasonable.

3. The appeal by the conclusion prosecutor and the defendant is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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