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(영문) 창원지방법원 2020.12.08 2020노2166
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six years of imprisonment) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized and reflected the instant crime.

However, despite the fact that the defendant had been punished several times for the same crime, he again committed the crime of this case during the period of repeated crime due to the same crime.

The total amount of damage caused by the instant crime reaches approximately KRW 1.23 billion, and the victims seem to have suffered considerable damage.

Until now, victims have not recovered from their damage, and they have not been urged from their victims.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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