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(영문) 수원지방법원 2021.02.19 2020노6964
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, where there exists a unique area of the first deliberation on sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it even in the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the instant crime.

However, the crime of this case was committed by posting false statements on the Internet's high-class trading website, etc. for a considerable period of time for many unspecified victims, and it is not good to commit such crime.

The Defendant continued to commit the instant crime even after being investigated by the police due to some of the instant crimes.

The defendant has been punished several times for the same crime, and has committed the crime of this case again during the period of repeated crime for the same crime.

Most damages have not been recovered.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, 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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