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(영문) 부산지방법원 2018.07.06 2018노209
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to 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). It is recognized that the circumstances, such as the fact that the Defendant’s family members are aware of and reflect on the crime, and that the Defendant’s family members want to have the Defendant’s preference against the Defendant.

The defendant committed each of the crimes of this case without being aware of it during the period of repeated crime due to the same crime, and among them, the number of criminal punishment is imposed and the record of punishment for the same crime including the same punishment becomes 16 times among them, the possibility of criticism, high risk of recidivism, the degree of damage recovery is minor, and efforts to recover damage cannot be observed.

The court below set a punishment in consideration of the above circumstances, and submitted a written application to the defendant's family members who want the defendant's wife in the trial, but it appears to have been due to the circumstances already considered in the court below and cannot be deemed to constitute a new change in circumstances that could otherwise determine the sentence of the court below.

In addition, the lower court’s sentencing is determined as appropriate and is not deemed to have exceeded the reasonable scope of discretion by comprehensively taking account of various circumstances, such as the Defendant’s criminal history, age, sexual conduct, environment, motive, means, and consequence of the crime, and the circumstances after the crime.

Defendant’s assertion is not accepted.

3. The Defendant’s appeal is without merit and thus, Article 364(4) of the Criminal Procedure Act.

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