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(영문) 부산지방법원 2017.04.28 2016노4186
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (1.5 million won) is too heavy.

2. In full view of all the circumstances, including the circumstances favorable to the Defendant (a confession, agreement, etc. with the victim) and unfavorable circumstances (the fact that the Defendant committed the instant crime during the period of repeated crime, etc.) as well as the age character and character environment of the Defendant, motive and means of committing the instant crime, circumstances after committing the crime, etc., the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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