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(영문) 대전지방법원 2021.03.17 2020노4127

사기등

Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year 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 court 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 in detail, and other various sentencing conditions, such as the Defendant’s age, sex, environment, family relationship, motive for the crime, method and consequence of the crime, etc., even if considering the circumstance in which the Defendant deposited KRW 70,00,000,000 of the amount of damage for the victim at the time of the first instance trial, it is not recognized that the lower court’s punishment is unfair because it is too unreasonable compared to the extent of the Defendant’s act and responsibility that the Defendant imposed on the Defendant.

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.