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(영문) 광주지방법원 2019.05.30 2019노886
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Determination

A. 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). B.

The lower court, under a favorable condition that the number of crimes is only one time and that the amount of damage is not significant, determined a sentence against the Defendant by taking account of the fact that the Defendant repeatedly commits the same kind of crime over several times, and that the Defendant committed the instant crime during the repeated crime period into account the unfavorable circumstances.

C. Based on the above legal principle, there is no particular change in the above sentencing conditions compared with the court below in light of the defendant's age, character and conduct, motive of the crime, circumstances after the crime, etc., and the sentencing guidelines for the enactment of the Sentencing Committee by the Supreme Court, etc., the sentencing of the court below is too excessive to exceed the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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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