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(영문) 서울남부지방법원 2020.10.19 2020노454
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is too unreasonable;

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 in the appellate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing, determined the sentence of the lower court by comprehensively taking account of various circumstances as indicated in its reasoning, including: (a) the size of the defrauded is relatively small; (b) the Defendant returned 8.6 million won to the victim; and (c) the Defendant has no penalty power, other than a minor fine, once.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and in light of all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the sentence imposed by the lower court on the Defendant is deemed to be appropriate and unreasonable.

Therefore, the defendant's assertion is without merit.

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

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