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(영문) 인천지방법원 2018.05.18 2018노954
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: Imprisonment with prison labor for one year and six months, confiscation, Defendant B: imprisonment with prison labor for two years, Defendant C: imprisonment with prison labor for eight months) is too unreasonable.

B. The Prosecutor (in respect of the Defendants)’ sentence 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 judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed during the pleadings in the instant case, the lower court’s sentencing was too heavy or unfilled, thereby exceeding the reasonable scope of discretion.

It does not appear.

3. The appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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