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(영문) 서울고등법원 2017.07.14 2017노1167
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that each sentence against the Defendants of the lower court (one year and six months of imprisonment) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where 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). According to the foregoing legal doctrine, there is no special change in the sentencing conditions of the Defendants compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and there is no special change in the sentencing conditions of the Defendants compared with the lower court. In full view of all of the reasons for sentencing as stated by the lower court, the lower court’s sentencing against the Defendants was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

The defendants' argument of sentencing is without merit.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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