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(영문) 부산지방법원 2020.01.17 2019노3725
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of weak ability to discern things or make decisions due to his or her criminal conduct.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. In light of the background, means, and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is difficult to view that the Defendant, at the time of each of the instant crimes, lacks the ability to discern things or make decisions, and the Defendant’s allegation above is without merit.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the original judgment on the grounds that new sentencing materials have not been submitted in the trial after the lower court was sentenced, and the grounds for sentencing alleged by the Defendant seem to be the circumstances that the lower court has already considered in determining the punishment.

In addition, considering the sentencing factors expressed in the proceedings of the instant case, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

4. 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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