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(영문) 수원지방법원 2020.12.11 2020노5346
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

In addition, in full view of all the circumstances indicated in the arguments and records of the instant case, including the details and contents of the instant crime, the motive, means and consequence of the instant crime, the amount of damage, the fact that there is no particular damage recovery measure, the relationship between the Defendant and the victim, and the fraud of the instant case, the Defendant’s criminal records, the circumstances after the instant crime, and the Defendant’s age and character, personality and behavior, occupation, family relationship, economic form, health condition, etc., it is not recognized that the sentencing of the lower court, which sentenced the Defendant one year to imprisonment, exceeded the reasonable scope of discretion, because it is too large.

3. Accordingly, the defendant's appeal cannot be accepted, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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