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(영문) 청주지방법원 2020.04.02 2020노127
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court is too unreasonable in view of the following: (a) the gist of the grounds for appeal is against the Defendant and the amount of damage is not significant.

2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Considering the circumstances asserted by the Defendant as favorable sentencing factors in the grounds for appeal, the lower court’s punishment is deemed reasonable, and it cannot be deemed unfair because it is too unreasonable, considering the following: (a) the Defendant was punished several times for the same offense; and (b) the Defendant committed the instant crime only for about four months after release; and (c) other character and conduct, environment, motive, means, and consequence of the instant crime; (d) the circumstances after the crime; and (e) the circumstances after the crime; and (e) the circumstances where new sentencing materials that may change the lower court’s punishment were not added in the trial.

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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