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(영문) 전주지방법원 2021.02.16 2020노1747

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable because it is too unreasonable to regard the punishment sentenced by the court below (6 months of imprisonment).

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

The lower court appears to have determined a sentence by fully taking into account various circumstances favorable to the Defendant and disadvantageous to the Defendant (such as the partial payment of the money in the name of interest to the victim B and E, the Defendant has no same criminal record, and the victims’ damages have not been recovered). There is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the following conditions of sentencing, such as the Defendant’s age, sex, environment, background, circumstances after the commission of the crime, and history of the crime, etc., the lower court’s punishment against the Defendant is too excessive to exceed the reasonable scope of discretion and is not deemed unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.