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(영문) 부산지방법원 2017.12.22 2017노3550
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too heavy (2 million won).

2. In full view of all the arguments of this case and the sentencing conditions indicated in the records, including the circumstances favorable to the defendant (a confession, the amount of damage, the repayment of KRW 4.3 million out of the amount of damage) and unfavorable circumstances (unagreement, etc.), the court below’s judgment exceeded the reasonable bounds of discretion, in light of the following: (a) the Defendant’s age and character character and intelligence environment; (b) motive means of crime; and (c) the circumstances after crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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. It is so decided as per Disposition.

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