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(영문) 대전지방법원 2020.09.09 2020노2377
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable considering the following: (a) the Defendant’s conviction (one year and six months of imprisonment) is too unreasonable in light of the following: (b) the Defendant committed each of the crimes in this case, and reflects his depth on the wrongness; and (c) the circumstances that led to the commission of the crime.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the 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 it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the above circumstances alleged by the defendant as favorable sentencing factors in the trial are deemed to have been sufficiently taken into account when determining the punishment in the court below. In addition, the sentencing of the court below is deemed to be appropriate in light of the following circumstances: (a) the defendant, who has been punished twice including the punishment in this case, committed the crime in this case repeatedly; (b) the defendant has committed the crime in this case; (c) the defendant has been in the limit of the intentionalness of defraudation; and (d) the defendant has not been able to recover damage; and (b) the new sentencing data that could change the sentence of the court below was not added at the trial; and (c) other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime are taken into account

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

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