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(영문) 서울중앙지방법원 2020.05.07 2019노3812
사기
Text

All appeals by the Defendant against the judgment of the first instance and the judgment of the second instance are dismissed.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the lower court’s punishment (No. 10 months of imprisonment, No. 2 of the lower court’s imprisonment, No. 1 and 8 months of imprisonment) is too unreasonable.

2. Determination

A. Although the court below decided to hold a joint hearing of each appeal case against the judgment of the court below against Articles 1 and 2 following consolidation, the judgment of the court below of first instance is in the concurrent relationship between fraud for which judgment was made on February 3, 2017 and the latter part of Article 37 of the Criminal Act, and the judgment of the court of first instance and the second instance should be sentenced respectively, and thus, the above judgment of the court of appeal is not reversed ex officio on the ground

B. If there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it in the appellate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court: (a) took into account the circumstances indicated in its reasoning, namely, the fact that the Defendant committed each of the instant crimes during the repeated crime period for the same kind of crime; and (b) the Defendant did not recover from damage; and (c) took into account the favorable circumstances in which the Defendant committed each of the instant crimes; and (d) was committed against his/her own mistake; (b) there was no special circumstance or change of circumstances that may be assessed differently from the sentencing condition of the first and second lower court in the trial; and (c) there was no other special circumstance or change of circumstances that may be assessed differently from the sentencing condition of the first and second lower court in the first instance trial; and (d) taking into account the various circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, motive for committing the crime, and circumstances after committing the crime, each of the lower court’s sentencing

3. In conclusion, the appeal against the judgment of the court of first instance and the judgment of the court of second instance is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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