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(영문) 제주지방법원 2016.11.17 2016노509

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) In light of the following circumstances: (a) the Defendant appears to have committed the instant crime on July 23, 2015; (b) the Defendant’s attitude to recognize and reflect the instant crime; and (c) the equity in the case where the judgment was rendered at the same time with the final judgment in the lower judgment; (b) the Defendant had to take into account the circumstances favorable to the Defendant; or (c) the degree of deception, such as showing that the Defendant was false to the victim; and (d) the Defendant did not recover from damage up to now, and the victim was punished; and (c) the Defendant’s age, character, environment, motive and circumstance of the instant crime, means and method of the instant crime; and (d) all the sentencing factors expressed in the instant records and the trial process, including the circumstances after the commission of the crime, are considered to have exceeded the scope of reasonable discretion, or are not deemed to be unfair.

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