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(영문) 부산지방법원 2020.08.20 2020노1213

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court (two years and six months of imprisonment, and one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the poor quality of the crime in light of the criminal history, method, etc., the fact that most of the defraudeds have been stolen, most of the damages have not been recovered, the victims wanted to punish them, the fact that the defendant A does not have any record of punishment for the same crime, and there is no record of punishment exceeding the fine, and in the case of the defendant B, the defendant B is an initial offender who has no record of criminal punishment.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, 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.