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(영문) 부산지방법원 2020.11.05 2020노1800
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., punishment 1: imprisonment with prison labor for 2 months, 2 years of suspended sentence, and 2 years of suspended sentence: fine 5 million won) of the court below 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.

(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. Considering that the reasons for sentencing as stated in the lower court’s reasoning is the Defendant’s age, records of the crime, circumstances of the crime, method of the crime, and circumstances after the crime, the sentence imposed by the lower court is not heavy within the reasonable scope of discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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