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(영문) 서울서부지방법원 2020.02.13 2019노1810
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment defendant recognized each of the crimes of this case and reflected against the defendant, and that the amount of damage is not high is favorable to the defendant.

On the other hand, the defendant has a number of records of criminal punishment for the same crime, and even during the repeated crime period for the same crime, the defendant has committed each crime of this case, has not been recovered from damage, and the victim has not agreed with the victim is disadvantageous to the defendant.

In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. 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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