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(영문) 부산지방법원 2017.03.31 2017노101

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court (one year of imprisonment) shall be too heavy.

2. In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including favorable circumstances, unfavorable circumstances, including the Defendant’s age character and character environment, motive means of crime, and circumstances after the crime, the lower court’s judgment exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.