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(영문) 춘천지방법원 2016.06.29 2015노1239
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (each of the Defendants’ fines of KRW 3 million) is too unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where 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 court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original court on the grounds that new materials were not submitted in the trial, and in full view of all the sentencing reasons presented by the lower court, it is not recognized that the sentencing of the Defendants exceeded the reasonable scope of discretion because the sentencing of the lower court is too large.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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