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(영문) 부산지방법원 2020.10.08 2020노2150
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The determination of the gist of the grounds for appeal (the grounds for appeal against the defendant A: four years of imprisonment, and one year and eight months of imprisonment) is unreasonable;

2. The sentence imposed by the court below is within the recommended range according to the sentencing guidelines set out in the annexed Form A (two to seven years of imprisonment, and one to half years of imprisonment).

In consideration of the reflecting nature of the Defendants and the power of punishment, the punishment was imposed in consideration of the nature of the crimes, the Defendants’ criminal liability, the amount of damage, and the recovery of the damage.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The Defendants’ appeal is without merit.

All of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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