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(영문) 부산지방법원 2020.06.18 2020노1179

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (unfair punishment in one year and six months) is unreasonable;

2. The lower court, based on the sentencing guidelines, selected the lower limit of the recommended range (at least one year and six months of imprisonment) according to the attached sentencing guidelines as a sentence.

In consideration of the accused's reflectivity, benefits acquired directly, criminal power, etc., the punishment was imposed in consideration of the nature of the crime, the amount of fraud, and the recovery of the damage.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.