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(영문) 수원지방법원 2019.09.27 2019노3235
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In a case 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and the circumstances alleged by the Defendant as the grounds for appeal are also deemed to have been already reflected in the sentencing process

There is no special change in circumstances that may change the punishment of the court below in the trial.

In full view of the Defendant’s age, occupation, character and conduct, environment, family relationship, health status, criminal records, and the contents thereof (the same type of crime has been punished several times, and even during the repeated crime period due to the same kind of crime), various circumstances, including the attitude in an investigative agency and a court, the nature of the crime, the motive, means and result of the crime, and the circumstances after the crime, etc., which are conditions for sentencing specified in the original judgment and the arguments at the trial of the court below, are considered as being too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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