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(영문) 서울고등법원 2016.01.15 2015노2575

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years and six months of imprisonment) is too unreasonable.

2. After examining all the circumstances favorable to the Defendant, the lower court sentenced two years and six months of imprisonment with prison labor, which is the lowest sentence of the sentencing guidelines of the Sentencing Committee (five to eight years of imprisonment) by lowering the recommended sentence by the Sentencing Committee (five to eight years of imprisonment).

When comprehensively considering the various conditions of sentencing, sentencing range, sentencing criteria, etc. revealed in the proceedings of this case, the sentencing judgment of the court below exceeded the reasonable limit of its discretion.

It is difficult to see it.

In this context, even if the sentencing materials added in the above trial (the fact that the damage to the victim bank is partly recovered by the auction of the defendant's spouse's W real estate), the sentencing of the court below is too heavy to the extent that the judgment of the court below should be reversed.

subsection (b) of this section.

3. 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.