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(영문) 부산지방법원 2018.09.13 2018노2437
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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). The Defendant’s history of punishment for the crime of fraud has reached 13 times (6 times of imprisonment, one time of suspended sentence of imprisonment, and six times of fine). In particular, the Defendant’s fraud committed on May 31, 2012 among the instant crimes constitutes the same repeated offense.

As long as the defendant repeats a crime despite the continued punishment of the defendant, it is inevitable to severely punish him/her.

There are no new changes in circumstances that could change the sentence of the court below in the trial because the victims' damages have not been recovered and the sentence of the court below can be changed.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, living environment, and family relationship, as shown in the hearing of the court below and the party, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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