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(영문) 제주지방법원 2017.08.31 2017노87

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, and the community service order of 160 hours) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court and the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The defendant shows an attitude to recognize and reflect each of the of the of the crimes in this case, and the defendant has no record of criminal punishment exceeding the fine. However, the court below appears to have determined the punishment against the defendant in light of the above circumstances, and there is no change of circumstances that can be considered in sentencing after the sentence of the court below. Each of the crimes in this case is obtained by deceiving six victims about about 555 million won in total, and in light of the circumstance, frequency and amount of the crime in this case, it does not seem that the crime in question is not good, and the victim's considerable damage was not recovered, and the circumstances, motive and extent of the crime in this case, etc.

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.