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(영문) 부산지방법원 2021.02.16 2020노4109
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of the suspended sentence to four months of imprisonment, and four months of imprisonment) on the summary of the grounds of appeal is too unreasonable.

2. Determination

A. According to the records, the court below set a punishment in consideration of various sentencing reasons, such as the following: (a) the nature of the crime was inferior in light of the process and method of the crime; (b) the number of victims was punished for the same crime; and (c) the fact that the same kind of crime was committed during the trial or during the period of suspension of execution; (d) the victim was divided and reflected; (e) the victims were fully reimbursed the amount of damage; (e) most victims did not want the punishment of the defendant; or (e) the victim was withdrawn from the complaint; and (e) the case and equity should be considered

B. Although there is no change in the conditions of sentencing compared with the original judgment because a new sentencing data has not been submitted in the trial at the original court, and considering various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

(c)

Therefore, the argument of sentencing is without merit.

3. In conclusion, 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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