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(영문) 부산지방법원 2018.05.25 2017노4824
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstance in which the Defendant recognized the instant crime is recognized is recognized.

However, the lower court appears to have determined the sentence in consideration of the favorable circumstances, and there is no change of circumstances that may be considered in the new sentencing after the sentence of the lower judgment, the victim is punished, and the Defendant has been subject to criminal punishment several times due to violent crimes, etc., and other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex, criminal conduct, environment, motive, circumstance, means and consequence of the crime, etc., are too unreasonable since the lower court’s punishment is too unreasonable.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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