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(영문) 수원지방법원 2020.04.10 2020노2
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) of the lower court is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant appears to have been unable to work with knenee-fele-fele-fele-fele-feling at the time of committing the instant crime, resulting in economic difficulties.

Also, there is no previous difference between the defendant and the defendant.

However, the crime of Bophishing is hard to crack down because the crime is tight and intelligent, and it is highly harmful to society because it is not easy to control the scope of damage, and it is not easy to recover damage.

The defendant is also deep to participate in the crime of this case by forging official documents under the name of the Chairperson of the Financial Services Commission until victims.

In addition, no damage has been recovered.

In addition, there is no other new change in circumstances that can change the punishment of the court below in the trial.

Considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

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

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