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(영문) 전주지방법원 2019.03.20 2019노53
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

As to the instant case, there is no change in the sentencing conditions compared with the original judgment because new sentencing data have not been submitted in the health team and the trial court, and even though the Defendant had been punished several times due to frauds, the Defendant again committed each of the instant offenses during the repeated crime period, as well as the Defendant’s age, character and conduct, environment, criminal records, circumstances of crimes, and circumstances after crimes, etc., comprehensively considering the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, character and conduct, criminal records, criminal records, circumstances after crimes, etc., the lower court’

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

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