beta
(영문) 서울중앙지방법원 2020.09.17 2020노2049

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). A new sentencing data was not submitted at the trial court, and there was no change in the sentencing conditions compared to the original court. Although most of the victims, who were elementary school principals, were suffering from damage, and the victims were unable to recover from most of the damage up to the original trial, and the victims were faced with severe punishment due to the lack of intent to compensate for damage. In full view of all the factors indicated in the records of the instant case, including the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s sentencing is too excessive and cannot be deemed to have exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed.