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(영문) 서울중앙지방법원 2019.11.22 2019노2343
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. The circumstances are favorable, such as the fact that the Defendant, who made a judgment, led to the confession of all crimes from the court of the lower court to the court of the first instance, showing the appearance against his own will, and that there is no past record of criminal punishment exceeding the past fine.

On the other hand, it is reasonable to respect the crime of fraud of this case, including: (a) the Defendant planned to commit the crime of this case; (b) the circumstances after committing the crime of this case; (c) the victim’s damage has not been recovered at all; and (d) 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 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015); and (c) there is no special circumstance to change the sentencing when the first instance court is in a trial; and (d) considering various sentencing conditions indicated in the records, such as the Defendant’s character and conduct, environment, motive, means and consequence of the crime of this case, the lower court’s punishment cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

The defendant's assertion 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 it is without merit. It is so decided as per Disposition.

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