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(영문) 인천지방법원 2020.06.26 2019노4105
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (three years and six months of imprisonment) shall be too unreasonable;

On January 2, 2020, the defendant withdrawn part of the grounds for appeal, which was written in the statement of reasons for appeal submitted by the defendant on January 2, 2020.

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 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). In addition, there is no change in circumstances that may consider the sentencing after the lower judgment, as well as the fact that most of the damage of H, the victim of the fraud, was not recovered, and that most of the damage of H, which was the victim of the fraud, was not used by H, was not available from H, and in light of the various sentencing conditions as indicated in the records and arguments of the instant case, the Defendant’s punishment cannot be deemed unfair even if considering the circumstances alleged by the Defendant as the grounds for appeal in the lower judgment, based on the fact that the Defendant recognized and reflected all of the crimes in the first instance trial on the case of 2018 Godan9072, which

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

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