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(영문) 수원지방법원 2017.08.25 2017노3988
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 (two months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where 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). As no new data on sentencing have been submitted at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances alleged by the Defendant for unfair reasons for sentencing are deemed to have already been reflected in the sentencing grounds of the lower court. The Defendant had the history of having been sentenced to a total sum of crimes, and the Defendant again committed the instant crimes even if he was committed for the same type of crime, so there is a high possibility of criticism, the fact that there is no agreement with the victims, and other various circumstances, such as the motive, means and result of the crime, and the circumstances after the crime, etc., of the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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 without merit.

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