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(영문) 서울북부지방법원 2020.09.15 2020노1022
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, confiscation) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the sentencing conditions shown in pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, and the circumstances in which the Defendant was asserted in the trial during the period of probation due to the crime of violating the Electronic Financial Transactions Act, including the fact that the Defendant committed each of the instant crimes during the period of probation, and the Defendant’s health condition, etc. are considered as being sufficiently considered in determining the punishment at the lower court.

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

[In the event an appeal against a judgment of conviction is filed, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), but the grounds for appeal regarding the part of the compensation order among the judgment below are not indicated in the petition of appeal or the statement of grounds of appeal submitted by the accused, and even if ex officio examination is conducted, the part of the judgment of the court below concerning

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