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(영문) 부산지방법원 2020.12.17 2020노3254
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) by 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; and (b) the reasons for sentencing as stated by the lower court are as follows: (a) the Defendant’s age, the same criminal records; (c) the background and method of the instant crime; (d) the amount and frequency of the instant crime; and (e) the circumstances after the commission of the crime; and (e) the punishment imposed by the lower court is unreasonable as it was conducted within the reasonable scope

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

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