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(영문) 부산지방법원 2020.06.05 2020노834
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below on the scope of this Court's adjudication rejected all the application for compensation of the applicant, and since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation

2. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

3. 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 court 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). Based on the foregoing legal doctrine, no particular change in circumstances is found in matters subject to sentencing after the sentence of the lower judgment.

In addition, in full view of all the sentencing factors indicated in the arguments of this case including the Defendant’s age, character and conduct, environment, the background and motive leading to the instant crime, and the situation before and after the instant crime, etc., the sentencing of the lower court is too large, and thus, cannot be said to have exceeded the reasonable scope of discretion, considering the circumstances such as the fact that the defrauded did not reach an agreement with the victims other than the victim B, and that some victims want to be punished against the Defendant up to the trial of the lower court.

Therefore, the defendant's assertion is without merit.

4. In conclusion, 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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