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(영문) 서울중앙지방법원 2020.06.24 2019노3437
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have the intention to defraud the accused, and the lower court’s punishment (two million won of fine) is too heavy.

2. Determination

A. The defendant argued that the judgment of the court below is identical to this part of the grounds for appeal, and the court below rejected the above argument by clearly explaining the decision in detail. If the judgment of the court below is compared with evidence, the judgment of the court below is just, and the defendant's assertion of mistake of facts is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive and so it does not seem that the lower court exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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