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(영문) 서울북부지방법원 2020.09.18 2020노637
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for eight months and two years of suspended execution, probation, and community service order 120 hours) of the lower court against the Defendant is too unreasonable.

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

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial room, and even considering the various sentencing factors in the instant pleadings, including various circumstances considered in sentencing, the lower court’s sentencing exceeded the reasonable scope of discretion.

In particular, in the case of the instant fraud, fraud by the use of computers, etc., and larceny, the following facts are considered: (a) the Defendant committed several times repeatedly under the same several laws, and the nature of the offense was inferior and the total amount of damage was not much significant; and (b) the victims of each of the instant crimes did not reach a smooth agreement with the victims or did not recover from the victims’ full damage.

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 since it is without merit. It is so decided as per Disposition.

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