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(영문) 대전지방법원 2020.01.16 2019노3047

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (10 months of imprisonment) is too unreasonable.

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 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As stated in the grounds for sentencing, the lower court determined the sentence by fully taking into account all the circumstances regarding the Defendant’s sentencing, and considering various sentencing conditions expressed in the records and trial process of the instant case, the lower court did not seem to have exceeded the reasonable scope of discretion. In so doing, it is difficult to view that the Defendant, while denying the instant facts charged at the lower court, led to the Defendant’s conviction of the instant facts charged at the trial, but such alteration alone cannot be deemed unreasonable to maintain the sentence of the lower court, and there

Considering this, the circumstances alleged by the Defendant as the grounds for appeal cannot be deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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