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(영문) 의정부지방법원 2020.10.30 2020노1946
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the foregoing legal doctrine, the crime of this case was committed by the Defendant by acquiring approximately KRW 50 million from the victims. The lower court determined the punishment by fully taking account of all circumstances, including the circumstances alleged by the Defendant as the grounds for appeal, including the fact that some victims do not wish to be punished, and on the other hand, there was no change in the sentencing conditions compared with the lower court’s judgment and the reasons for sentencing. In full view of the records and arguments of this case, it is not recognized that the lower court’s punishment was too excessive and exceeded the reasonable scope of discretion.

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

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