beta
(영문) 부산지방법원 2019.08.22 2019노1552

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six 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). The lower court determined punishment by comprehensively taking into account the following: (a) the Defendant committed the instant crime during the same repeated period; (b) the Defendant’s criminal records several times; and (c) the Defendant recovered from the victim’s damage; and (d) the Defendant’s age, character and conduct, criminal records, criminal records, the method and circumstances of the commission of the crime; and (b) the circumstances after the commission of the crime are considered as having been committed within the reasonable scope

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