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(영문) 광주지방법원 2019.05.30 2019노866

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination

A. In a case where 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The court below set a sentence against the defendant by taking account of the circumstances that are favorable to the defendant's confessions of each of the crimes of this case and reflects against the defendant, and that the defendant repeats repeatedly each of the crimes of this case immediately after the defendant was sentenced to a judgment for the same kind of crime, and that the defendant did not recover from damage.

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the original judgment, and even considering the Defendant’s age, character and conduct, motive of the crime, circumstances after the crime, etc., the sentencing factors revealed in the proceedings of the present case and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, etc., the lower court’s sentencing is too inappropriate to have exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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