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(영문) 부산지방법원 2019.09.05 2019노1317
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.

(2) In light of the aforementioned circumstances, the lower court determined a punishment by taking into account the following factors: (a) the Defendant’s mistake is against himself/herself; (b) the Defendant agreed with the victim; and (c) the Defendant has no record of being punished for the same kind of crime; and (d) the Defendant additionally paid KRW 1 million to the victim in the trial; (b) the Defendant’s age, character and behavior; (c) the method and circumstances leading up to the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed as heavy, as it was conducted within 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 since the defendant's appeal is without merit. It is so decided as per Disposition.

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