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(영문) 부산지방법원 2019.07.25 2019노1581
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (i.e., imprisonment with prison labor for 6 months in total (i.e., imprisonment with prison labor for 2 months in total) is unreasonable.

2. Determination

A. The lower court rendered a sentence by comprehensively taking account of the same type of crime force, the victim C’s agreement, etc. regarding the allegation of unfair sentencing regarding the first crime as indicated in the lower judgment.

There is no change in sentencing elements in the appellate court.

Although the sentencing guidelines do not apply to the latter concurrent crimes under the latter part of Article 37 of the Criminal Code, considering the sentencing factors and other factors of sentencing which are set forth in the sentencing guidelines for fraud, the amount of the original sentence sentenced to three months for the first crime as stated in the judgment of the court below is unreasonable.

B. The sentence imposed by the lower court on the assertion of unfair sentencing regarding the second crime as to the judgment of the lower court is within the scope of recommended punishment under the attached sentencing guidelines (one month to eight months of imprisonment).

The period of suspended sentence was determined by comprehensively taking into account the crimes committed during the first trial, the agreement with the victim, etc.

There is no change in sentencing elements in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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