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(영문) 부산지방법원 2019.06.20 2019노1085
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six 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 the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendant by deceiving the victims, and the lower court determined a punishment in consideration of the nature of the Defendant’s crime and the fact that the damage was not recovered at all, and there is no new circumstance to change the sentence of the lower court in the trial.

In addition, considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, the method and circumstances of the crime, and the circumstances after the crime, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

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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