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(영문) 서울동부지방법원 2021.03.18 2020노1434
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Defendant (i.e., recognition of and reflect on the crime, the amount of damage, etc.) appear to have been sufficiently considered as the grounds for sentencing of the judgment of the lower court, and there was a fundamental change in the sentencing conditions compared with the lower court.

There is no special circumstance or change in circumstances that can be assessed.

In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of the instant case, the lower court’s sentencing is too unreasonable as it goes beyond the reasonable scope of discretion.

Therefore, the defendant's argument of sentencing 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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