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(영문) 부산지방법원 2020.05.28 2020노528
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. Determination

A. According to the records, the court below imposed punishment in consideration of various sentencing reasons, such as the poor quality of the crime, the frequency of the crime and the number of victims, the considerable amount of money acquired through deception, the failure to recover part of the damage, the fact that another additional crime was committed in the course of trial due to a part of the crime, the records of punishment for the same crime are several times, the fact that the error was divided and reflected, the considerable amount of damage caused by Internet fraud was repaid, and the agreement with some victims was reached.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, 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.

(However, the judgment of the court below in Part 5, Paragraph 1-A of Part 20 is a clerical error in the "paragraph 2-A", and since it is apparent that the "each imprisonment choice" was omitted in Part 13, Section 5, it is correct or added ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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