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(영문) 대전지방법원 2020.11.26 2020노2893
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) of the lower court’s sentencing (e., one year of imprisonment) is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that 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, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) the lower court rendered the aforementioned sentence to the Defendant on the grounds of sentencing as indicated in its reasoning for sentencing; (b) the Defendant led to the confession of and reflects against a crime; and (c) the Defendant paid part of interest on loans; and (d) the circumstances favorable to sentencing alleged in the lower court’s trial, which are favorable to sentencing, have been sufficiently taken into account while rendering a sentence at the lower court; (b) the amount of damage was the amount of KRW 79.7 million; (c) the damage was almost not recovered; and (d) the victim did not receive a letter of suspicion, the lower court’s judgment exceeded the reasonable scope of discretion; and (d) the lower court’s sentencing is reasonable to respect the sentencing of the lower court on the grounds that there were no changes

Accordingly, the defendant's assertion is rejected.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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