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(영문) 부산지방법원 2019.08.22 2019노1054
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined punishment in consideration of the following: (a) the Defendant agreed with some victims; and (b) the relationship between each of the instant crimes and the latter part of Article 37 of the Criminal Act with each of the crimes for which judgment has become final and conclusive; and (c) there is no new circumstance to change the sentence of the lower court

In addition, comprehensively taking into account the Defendant’s age, criminal records, character and conduct, method and circumstances after the crime, etc. as shown in the arguments of the lower court and the lower court, the sentence imposed by the lower court is conducted within the reasonable scope of discretion, and cannot be deemed as heavy.

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

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