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(영문) 광주지방법원 2020.08.13 2020노1161
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 (one year and six months) is too unreasonable;

2. Determination

A. In a case 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

In light of the circumstances where the Defendant was sentenced to punishment, suspended execution, and fine several times, and the execution of the sentence was completed, as stated in the facts constituting a crime, and the Defendant committed the same kind of crime against many victims repeatedly and repeatedly, and the Defendant did not receive any consent from the victims, the lower court set the sentence against the Defendant under consideration of the favorable circumstances, such as the fact that the Defendant was suffering from brain death, etc., and that the health of the Defendant is somewhat inappropriate.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and even considering the defendant's age, character and conduct, motive of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's argument cannot be accepted.

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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