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(영문) 부산지방법원 2019.06.27 2019노1179
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court imposed a punishment in consideration of the following: (a) the Defendant, during the period of repeated crime, used another person’s credit card in settling the drinking value, etc.; (b) even if he/she stolen another person’s credit card and used it to pay the drinking value, etc., he/she was unable to cause damage to the victims;

In addition, considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, the method and circumstances of the crime, and the circumstances after the crime, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

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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