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(영문) 부산지방법원 2017.11.23 2017노3304
사기
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (the penalty amount of KRW 8,00,000) against the defendant on the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, and the fact that the defendant has reached a unanimous agreement with the victim.

However, the crime of this case is deemed to have not been paid KRW 480,00 after drinking alcohol at the main point in the absence of the intent and ability of the defendant to pay the drinking value. In light of the circumstances and contents of the crime, the responsibility for the crime of this case is significant; the defendant has been punished for the same kind of crime several times; the defendant committed the crime of this case again during the period of repeated crime of the same kind; in our criminal litigation law where the trial-oriented principle and direct principle exist in the sentencing determination, there is no change in the conditions of sentencing compared with the first instance court and the first instance court does not change in the conditions of sentencing and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances of the defendant recognized earlier do not constitute a change in circumstances that could change the sentence of the court below after the sentence of the court below; and it does not seem to be too unfair if the circumstances of the defendant's oral argument of this case are too unfair.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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