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(영문) 인천지방법원 2019.08.16 2019노1419
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where 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,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of this case is committed by the Defendant by deceiving approximately KRW 184 million from the victim who was working at the same workplace for about seven years, and the criminal liability is heavy. The Defendant’s failure to take advantage of the circumstances unfavorable to the Defendant. Considering the following circumstances: (a) the Defendant reflects the Defendant’s mistake and is a primary offender who has no criminal record; (b) considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (c) taking account of various circumstances, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable and it is difficult to view that the Defendant’s punishment deviates from the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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