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(영문) 부산지방법원 2017.04.28 2017노325

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (in the event of imprisonment with prison labor for three months) is too unreasonable.

2. The fact that the judgment is recognized and reflected in the crime, and the fact that the equity should be taken into account in the case where the first head of the crime in the judgment of the court below, which is in the latter part of Article 37 of the Criminal Act, is concurrently judged, is favorable to the defendant.

However, the lower court appears to have determined the sentence in consideration of the favorable circumstances, and there is no change of circumstances that may be considered in the sentencing newly after the sentence of the lower judgment, and Bosing crimes have been committed on a very systematic basis, and require strict punishment due to the serious social and economic harm, the degree of the Defendant’s participation in the crime is not easy, and other various circumstances that form the conditions for the sentencing in the instant case, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, it is difficult to view the lower court’s punishment too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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.

참조조문