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(영문) 대전지방법원 2018.06.27 2018노618
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in cases 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. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from the first instance court on the sole ground of the difference between the opinion of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is reasonable to respect the sentencing of the lower court on the grounds that there is no change in the conditions of sentencing in light of the overall circumstances regarding the sentencing of the Defendant, including the fact that the health unit and the lower court did not recover damage, and there is no change in the conditions of sentencing when compared with the lower court on the grounds that there is no reason to newly consider the sentencing in the

Therefore, the defendant's argument of sentencing cannot be accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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