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(영문) 수원지방법원 2020.09.10 2020노3189

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the first instance judgment (four months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned legal principles, the sentencing conditions of the court of first instance do not change, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and other various circumstances that form the conditions of sentencing as shown in the instant records and arguments, including the following: (a) the Defendant’s age, character, and environment; (b) the motive and circumstance of the crime; and (c) the motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., are considered as having been committed, and the sentencing of the court of first instance cannot be deemed unfair because the sentencing of the court of first instance excessively deviates from the reasonable scope of discretion.

3. The appeal by the defendant 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.