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(영문) 인천지방법원 2021.02.03 2020노3995
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance court. As such, in a case where there is no change in the conditions of sentencing compared to 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). In light of the foregoing legal doctrine, the health unit and the Defendant recognized the instant crime once in the first instance court. However, in light of the foregoing legal doctrine, this does not seem to have changed to the extent that the lower court did not change the situation, and it does not seem to have changed to the extent that new data on sentencing were not submitted in the first instance court trial, and other circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, as well as the circumstances in the instant records and arguments, the lower court’s punishment was excessively exceeded the reasonable scope of discretion.

shall not be deemed to exist.

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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