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(영문) 인천지방법원 2019.10.11 2019노2034
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, comprehensively taking account of the following factors: (a) the type of crime; (b) the sum of fraud; (c) the degree of recovery from damage; (d) the existence of the same kind of power; and other factors revealed in the oral proceedings of the instant case, the lower court’s sentencing is too so excessive that it exceeded the reasonable scope of discretion.

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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