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(영문) 서울서부지방법원 2020.09.10 2020노760

사기등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court on the ground that no new data to be considered in the health room and the trial have been submitted.

In full view of the factors revealed in the records and arguments of the instant case, the lower court’s sentencing is too large and does not seem to have exceeded the reasonable scope.

Defendant’s assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit.