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(영문) 서울남부지방법원 2019.06.11 2019노396
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) of 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’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, by taking account of the following circumstances: (a) the Defendant’s degree of participation in the instant fraudulent act and the amount of damage, the agreement with the victims, or the fact that the damage has not been recovered as a result of the Defendant’s failure to recover as a result of the cash collection of the instant fraudulent act as a cash collection measure for the singishing crime; (b) the Defendant was sentenced to the said punishment in consideration of the circumstances favorable to the Defendant; (c) there was no special circumstance or change of circumstances that may newly consider sentencing in the trial; and (d) there was no other special circumstance or circumstance that there was no other reason to deem new sentencing in the trial to have been taken into account in the instant case’s records and arguments, such as the Defendant’s age, character and conduct, family relationship, motive and circumstance after the crime.

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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