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(영문) 부산지방법원 2020.11.27 2020노1445

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a period of eight months, two years of suspended execution of imprisonment for a period of two months, and 120 hours of community service) is too unreasonable;

2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the judgment of the court below shall be corrected as follows:

The judgment below

Under the first page, following the second sentence, “In addition, the Defendant was sentenced to 10 months of imprisonment for fraud at the Busan District Court on July 5, 2018 and 2 years of suspended execution, which became final and conclusive on February 28, 2019.”

The judgment below

In Part 3, "1. Before the ruling: Criminal history records, etc. (A) and investigation reports (suspect A's separate judgment reports)" shall be added under Part 12.

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