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(영문) 의정부지방법원 2019.05.02 2019노308
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is undue.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court’s determination on the grounds of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of all of the circumstances (i.e., the amount of heavy damage has not been recovered, the fact that there was a previous conviction, the confession of a crime, the fact that the victim would have repaid approximately KRW 31,294,00 to the victim, the circumstances surrounding the crime are considered, the circumstances surrounding the crime, and the equity with the case where the judgment became final and conclusive, etc.) and all of the sentencing conditions specified in the records and arguments of the instant case, the sentence imposed by the Defendant cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable, and the Defendant’s assertion is not acceptable,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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