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(영문) 부산고등법원 2016.09.22 2016노330
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of four years and six months) is too unreasonable.

2. In full view of the facts and sentencing guidelines revealed in the sentencing review process of the lower court’s judgment, the lower court’s sentencing judgment that deemed the primary sentencing factor, including the details and content of the instant crime, whether victims have recovered from damage, agreement with certain victims, the reflectivity of the Defendant, and the record of the crime, exceeded the reasonable bounds of discretion.

It cannot be assessed, and there is no circumstance or material to deem that it is unfair to maintain the sentencing of the original court in the course of the deliberation of the original trial (no change in circumstances that can reverse the original judgment by agreement with the victim L). 3. Accordingly, the defendant's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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