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(영문) 부산지방법원 2020.08.20 2020노1594
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (10 months of imprisonment with prison labor for Defendant A, Defendant B, and Defendant C) is too unreasonable.

B. Defendant E (1) misunderstanding of facts did not have conspired to commit a crime as stated in paragraph (3) of the facts constituting the crime as indicated in the judgment of the court below or participated in the above crime. Nevertheless, the court below acknowledged the Defendant as a co-principal of the above crime, which affected the conclusion of the judgment by misunderstanding the facts. (2) The sentence of imprisonment (six months of imprisonment) sentenced by the court below

2. Defendant E’s assertion of mistake of facts was alleged in the lower court’s judgment to the same effect as the grounds for appeal, and the lower court rejected Defendant’s assertion and convicted Defendant of the facts charged as stated in paragraph (3) of the facts constituting the crime in the lower judgment, with its explanation on the lower court’

Examining the judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and there is no error of misconception of facts alleged by the defendant in the judgment below.

Therefore, this part of the defendant's and defense counsel's assertion is without merit.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. In full view of the reasons for sentencing as stated by the lower court, comprehensively taking into account the Defendants’ age, character and conduct, records of the crime, circumstances after the crime, etc., as stated in the lower court’s and the trial proceedings, the sentence imposed by the lower court is not heavy, as it was conducted within the reasonable scope of discretion.

4. In conclusion, the Defendants’ appeal is without merit, and thus, the Criminal Procedure Act.

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