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(영문) 부산지방법원 2020.05.14 2020노684
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment) to the point of the reasons for appeal is too unreasonable.

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing reasons, such as the following: (a) in the case of a Bosing crime, it requires strict punishment as a highly harmful crime; (b) the defendant's role is essential for the completion of a Bosing crime; and (c) the degree of participation is not easy; (d) the damage has not been recovered; and (e) the mistake is divided and reflected.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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

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