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(영문) 수원지방법원 2018.11.09 2018노4730
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances alleged by the defendant on the grounds of appeal (a confession and rebuttal, and a crime of ex post facto concurrent crimes with the crime of previous conviction in the judgment, etc.) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively considering the sentencing conditions, such as Defendant’s character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, including the fact that the amount of damage has not been much and has not yet been recovered until the damage has not yet been occurred, the fact that the Egye power is several times, etc., as indicated in the lower court and the trial proceedings at the lower court, the lower court’s sentence is too excessive to exceed the reasonable scope of discretion,

3. In conclusion, 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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