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(영문) 서울중앙지방법원 2019.10.24 2019노2085
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment and a fine of 500,000 won) is too unreasonable.

2. Unless the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or the first instance court’s determination of sentencing is deemed to be unreasonable in full view of the newly discovered materials in the appellate court’s appellate court’s determination of sentencing, it is reasonable to respect the first instance court’s determination of sentencing, unless there exist circumstances such as deeming that it is unfair

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The circumstances alleged by the Defendant as an element of sentencing based on the foregoing legal doctrine were already revealed in the hearing process of the lower court, and there was no new circumstance that could change the sentence of the lower court in the trial. There was a history of criminal prosecution in the trial at the trial, and multiple times of criminal punishment in the same kind of crime, and multiple victims have been committed repeatedly from the day following the day when one-year imprisonment was sentenced for a non-exclusive crime, and no agreement was reached with the victims other than the victims who suffered minor damage, and the Defendant’s act was committed against himself/herself, and the fact that the public disorder suffered by the Defendant appears to have an impact on the instant crime, and the Defendant’s age, character and conduct, the process of the criminal act, the circumstances and the result of the criminal act, etc., are considered to have exceeded the reasonable scope of the sentencing of the lower court.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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