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(영문) 대전지방법원 2018.10.31 2018노2003
사기
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 years 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 first instance court’s sentencing does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not have any difference from the first instance court’s judgment on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the opinion of the appellate court is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, it is desirable to refrain from imposing a sentence without any difference from the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, the lower court: (a) the circumstance leading up to the instant crime; (b) the victim’s serious damage caused by the instant crime; (c) the amount of fraud and the damage were not recovered; (d) even if there is considerable time when there is no reasonable changes in the sentencing.

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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