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(영문) 수원지방법원 2020.12.10 2020노5279
사기
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the judgment of the first instance court (one year and six months of imprisonment) against the defendant is too unreasonable.

(b) The sentence of the first instance judgment against the Defendant by the Prosecutor is too unhued and unreasonable;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing, such as: (a) the Defendant’s age, character and behavior, environment, motive and background, means and consequence of the crime; (b) the scale and recovery of the amount of damage; and (c) the circumstances after the crime, etc., in which the sentencing conditions of the instant records and arguments are attached, such as the records and arguments of the first instance court, and the circumstances favorable to the Defendant that were clearly indicated in the judgment of the first instance court (such as the confession and reflect, etc. of the Defendant) are maintained; and (d) there is no change in the conditions of sentencing, such as the circumstances favorable to the Defendant (such as multiple same kind of criminal records, repeated crimes of the same Act; and (e) the period during which repeated crimes are committed). In full view of

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

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

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