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(영문) 부산지방법원 2020.01.30 2019노2910

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended sentence for eight months of imprisonment, and eight hours of community service order) is too unreasonable in light of the gist of the grounds for appeal.

2. Determination

A. According to the records, the court below imposed punishment in consideration of various sentencing reasons, such as the poor quality of the crime in light of the details and methods of the crime, the considerable amount of money received or stolen, the records of punishment for the same kind of crime, the misunderstanding, the misunderstanding, and the victim agreed with the victim and the victim did not want the punishment of the defendant.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal 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.

(On the other hand, while the court below erred by omitting the collection under Article 10 (2) and (3) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and by misunderstanding the legal principles on necessary collection, the court below did not reverse the judgment of the court below on the ground that in the case of appeal filed only by the defendant, the collection cannot be sentenced again in accordance with the prohibition of disadvantageous alteration under