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(영문) 부산지방법원 2019.11.21 2019노3044
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The sentence of the lower court (one year of imprisonment, confiscation) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined the punishment by taking into account the following factors: (a) the crime of this case was committed in a planned and organized manner against many unspecified persons, which is highly likely to cause social harm; (b) the frequency of the crime is large; (c) the number of times of the crime was committed; (d) the damage was not recovered; (c) the crime was divided and reflected; (d) there was no record of punishment other than the punishment imposed by a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2017; and (e) there was no record of punishment other than the punishment imposed by a fine

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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