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(영문) 부산지방법원 2020.08.27 2020노1778

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and eight months) imposed by the court below 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. In full view of the following: (a) the reasons for sentencing as stated in the lower court’s reasoning, comprehensively taking into account the Defendant’s age, criminal records, background and method of crime, number of victims, amount of damage, degree of damage recovery, and circumstances after the crime, the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not heavy.

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