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(영문) 인천지방법원 2020.11.27 2020노3020
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced to the defendant 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, there is no change in circumstances that may be considered in sentencing after the lower judgment, and there is a large amount of money that the defrauded amount of the instant fraud crime reaches KRW 84 million, and the victims have not been recovered, and the Defendant committed the instant crime again during the course of investigation, taking into account various sentencing conditions indicated in the records and arguments, even if considering the circumstances asserted by the Defendant as the grounds for appeal, it cannot be deemed unfair because the lower court’s punishment is too unreasonable.

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

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