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(영문) 서울중앙지방법원 2020.04.03 2020노194
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the punishment is too unreasonable and unfair, and the prosecutor asserts that the punishment is too uneasible and unreasonable.

2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.

In addition, the defendant committed four crimes from the time when he was sentenced to imprisonment with prison labor for the same kind of crime and the execution of the sentence has been completed for about 3 months after the end of 6 months, and 1 month after the completion of the sentence, which is a repeated crime. The fact that each of the damage of this case is disadvantageous, and that the amount of damage of this case is not significant, and that the defendant paid part of the damage amount to one of the victims is advantageous. Considering these circumstances and other various sentencing conditions as shown in the arguments of this case, such as the motive and background of the crime, age, health, environment, etc., the sentence of the court below is appropriate, and it cannot be said that it is too light or heavy.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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