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(영문) 서울남부지방법원 2019.05.14 2019노43
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and two months of imprisonment) by the lower court is too unreasonable;

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant by taking account of the circumstances favorable to the Defendant, such as the fact that there are many criminal records of the same kind of crime, the Defendant repeatedly commits violent crimes in a short period, and the Defendant’s criminal liability is very heavy, and that the Defendant suffers from editing assistance, etc., and that the amount of the money acquired is repaid to the victims of the crime of fraud, and the Defendant agreed to pay and agree to pay the amount of the money acquired, etc., the lower court sentenced the above sentence. In full view of all the sentencing factors indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship, motive and background of the crime, circumstances after the crime, etc., the lower court’s sentencing is too excessive, and thus, cannot be deemed to have exceeded 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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