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(영문) 인천지방법원 2019.09.06 2019노1330

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court is too unreasonable (e.g., one year and three months of imprisonment, confiscation, and one year of imprisonment).

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion, and thus, does not seem to have exceeded the reasonable scope of discretion.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.