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(영문) 춘천지방법원 2018.01.11 2017노25

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of four months, the suspension of execution of two years, the observation of protection, and the community service order of 120 hours) is too 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 on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.

It does not appear.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the “Resident Registration Act” in the application of the judgment of the court below ex officio as “the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016)” is corrected.