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(영문) 부산지방법원 2021.02.04 2020노2851
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. 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 it.

In full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that there is no change of circumstances to consider the sentencing after the judgment of the court below, there is no particular reason to consider the sentencing, that the defendant deceives many unspecified victims by deceiving them, that the majority of victims and the amount of damage is the maximum amount, that there is a history of punishment for the same kind of crime, that there is escape from the detention suspension on the date of the judgment of the court below, and that the present location is unknown after escape from the detention suspension date.

Therefore, the defendant's argument of sentencing is without merit.

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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