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(영문) 부산고등법원 2016.11.24 2016노523

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for six months, the suspension of the execution of two years, the community service order80 hours, the additional collection of 4 million won) is too unreasonable.

2. In full view of the matters and sentencing guidelines as indicated in the sentencing review process of the lower court, it cannot be deemed that the lower court’s determination of sentencing, based on the substance and nature of the instant crime, the recovery of damage, Defendant’s age, reflective impact, and criminal records, exceeded the reasonable bounds of its discretion. Moreover, there were no circumstances or materials, etc. to deem that it is unfair to maintain the sentencing of the lower court in the course of the trial of sentencing was inappropriate or insufficient.

3. Accordingly, the defendant's appeal is dismissed.

(Article 364 (4) of the Criminal Procedure Act)