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(영문) 부산지방법원 2017.12.21 2017노4064
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years and four months) on the gist of the grounds of appeal is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant.

The crime of Bosing, such as the instant case, is an unspecified number of victims, and the adverse effect on society is huge, and the degree of the defendant's participation in the instant case is not easy.

In the first instance court, the circumstance that five victims submitted a written application or a written application for non-guilty punishment to the effect that they want to take the Defendant’s prior wife was already considered in the sentencing process of the lower court, and such circumstance cannot be deemed as a new change in circumstances that could change the sentence of the lower court from the first instance court to the point of view.

When comprehensively considering the conditions of sentencing, such as the character, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. as shown in the deliberation and arguments of the court below and the party concerned, and the scope of the recommended punishment according to the sentencing guidelines, the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too large.

3. Accordingly, 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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