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(영문) 부산지방법원 2019.02.14 2018노4061
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable or unfavorable to the Defendant and other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and the method and consequence of a crime, even if considering the circumstances that the Defendant led to the confession of the facts charged in this case in the trial, it cannot be said that the sentence imposed by the lower court is unreasonable compared to the degree of the Defendant’s act and responsibility.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. 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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