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(영문) 대전지방법원 2021.03.17 2020노3941

사기

Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (two years of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

2. There is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the circumstances favorable or unfavorable to the Defendant, as stated in the lower court, and other various conditions of sentencing, including the Defendant’s age, sex, environment, family relationship, motive for the crime, method and consequence of the crime, etc., even if the Defendant denied part of the facts charged in the instant case at the lower court and recognized the entire facts charged in the instant case and recognized the error in the first instance court, it is not deemed unfair since the lower court’s sentence was too unreasonable.

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

3. In conclusion, 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 without merit. It is so decided as per Disposition.