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(영문) 부산지방법원 2017.06.16 2016노4069

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (for 6 months of imprisonment and 2 years of suspended execution) by the lower court.

2. In full view of all the circumstances in the arguments of this case and the records, including the favorable circumstances (a confession, deposit, etc.) and unfavorable circumstances (such as the same type of force, crime during the suspension of execution, the amount of damage, etc.) as stated in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, in view of the following factors: (a) the Defendant’s age character and character environment; (b) the motive and consequence of the crime;

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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