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(영문) 서울중앙지방법원 2017.12.22 2017노3543

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation punishment (the sentence of imprisonment with prison labor for 8 months and 80 hours of community service order) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In the instant case where there is no change in the sentencing conditions that may be considered for the first time in the appellate trial, in full view of various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the first instance court’s sentencing is difficult to deem that the Defendant’s first instance sentence is too unfair because it goes beyond the scope of discretion, considering the circumstances asserted by the Defendant.

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