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(영문) 부산지방법원 2019.10.10 2019노2002
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The lower court determined a punishment in consideration of the following: (a) the nature of the instant crime is not good; (b) the amount of fraud is large; (c) the victims are unable to agree with the victims; and (d) the fact that there was a history of having been punished for the same type of crime; (b) the punishment should be determined in consideration of equity and cases when the judgment becomes final and conclusive simultaneously

Although the defendant shows an attitude to reflect the defendant's wrong recognition, considering the fact that the amount of damage is more than 1.3 million won but not recovered from damage; there are no new circumstances to change the sentence of the court below in the court below; and other various sentencing conditions, such as the defendant's age, character and conduct, method and circumstance of the crime, and circumstances after the crime, the punishment imposed by the court below is done within the reasonable scope of discretion, and is not harsh or weak.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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