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(영문) 서울북부지방법원 2021.01.15 2020노1309
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 (10 months of imprisonment) against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and 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). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court on the grounds that new materials on sentencing have not been submitted to the Defendant in the trial, and there is no change in the conditions of sentencing compared with the lower court, and even considering various factors, including various circumstances considered in the sentencing, the lower court’s sentencing exceeded the reasonable scope of discretion.

It does not seem to be too unreasonable.

In particular, it is more so in view of the fact that the total amount of damage caused by the instant crime was a large amount, and that there has been no smooth agreement with the victim or no full recovery of damage for the victim until now.

Therefore, 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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