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(영문) 부산고등법원 (창원) 2019.01.23 2018노314
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The circumstances favorable to the determination - recognize and reflect the instant crime.

- The actual damage resulting from the Defendant’s crime of this case is not significant.

- The defendant has a mental disorder, such as stimulative disorder.

Unfavorable circumstances - The defendant committed crimes such as the abolition of several times or the galle, etc. owned by others, causing public danger, using the lost person's physical card on several occasions, and committing crimes such as a large number ofless erosion.

Criminal quality is bad.

- The defendant has been punished for the same kind of crime such as fire prevention.

- The victims did not make any particular effort to recover from damage.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all the sentencing conditions shown in the pleadings, including the circumstances after the crime, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015), and the fact that the lower court appears to have determined the sentence of the lower court by fully taking into account the favorable circumstances for the Defendant, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

The defendant's assertion is rejected.

3. 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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