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(영문) 부산지방법원 2018.06.28 2018노1311
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance 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). Each offense in the holding of the lower judgment is in the concurrent relationship between the crime of fraud for which the judgment has become final and the latter part of Article 37 of the Criminal Act, and the equity with the case where the judgment is rendered simultaneously ought to be considered.

However, the defendant had the same criminal records due to his or her previous criminal records due to his or her previous criminal records on about twenty-five occasions (seven times of imprisonment with prison labor, one time of suspension of the execution of imprisonment with prison labor, and seven times of fine). In particular, in light of the fact that the defendant committed the crime of the previous criminal records under the same law without prison labor on January 10, 2018, even though he or she had been released from the court of appeal after being sentenced to a suspended sentence due to his or her previous criminal acts, he or she committed the crime of the previous criminal records and committed the crime of the previous criminal records under the same law

There is no new change in circumstances that could change the original court's punishment in the trial.

When comprehensively considering the sentencing conditions, such as the defendant's age, amount of damage (total of KRW 1,592,00), health status, and family relationship, as shown in the arguments of the court below and the court below, the sentence imposed by the court below is not hot since it was conducted within the reasonable scope of discretion.

3. Accordingly, 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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