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(영문) 부산고등법원 2019.07.10 2019노57
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of violating the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as "Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes).

As to this, since only the defendant appealed on the ground of unfair sentencing, the part of acquittal ① in the judgment of the court below was separately determined, and the aforementioned part of acquittal ② was transferred to the trial along with the above conviction in accordance with the principle of no appeal, but became out of the object of attack and defense between the parties.

Therefore, the scope of the judgment of the court shall be limited to the above guilty part of the judgment below.

2. The summary of the grounds for appeal (defendants) by the lower court (one year and six months of imprisonment) is too unreasonable.

3. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, the court below's sentencing determination exceeded the reasonable limit of discretion when comprehensively taking into account the factors and sentencing guidelines revealed in the court below's sentencing hearing process, or it is found that the court below's sentencing determination is improper in full view of the newly discovered materials in the appellate court's sentencing hearing process.

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