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(영문) 부산지방법원 2020.07.23 2020노1440
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;

2. The sentence sentenced by the court below is within the recommended range (one month to one year) according to the attached sentencing guidelines.

Considering the reflection of the defendant, the agreement with the victims, and the fact that the number of actual victims and size are not large, punishment was imposed in consideration of the criminal records such as the crime of repeated crime period, and the quality of the crime of fraud through the act of fund-raising without permission.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors 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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