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(영문) 부산지방법원 2019.02.13 2018노4398
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six months) of the lower court is too heavy;

2. In the first instance trial, the Defendant additionally recovered damage to certain victims of fraud.

(C) The Defendant’s age and character intelligence environment, motive and consequence of the crime, and all of the sentencing conditions indicated in the records, including the following: (a) the Defendant’s age and intelligence environment; (b) the Defendant’s motive and consequence of the crime; and (c) the Defendant’s judgment of the lower court is deemed to have exceeded the reasonable bounds of discretion; or (d) it is deemed to have exceeded the reasonable bounds of discretion to maintain it as it is unreasonable, in light of the circumstances after the crime, etc., the lower court’s judgment of sentencing is deemed to have exceeded the reasonable bounds of discretion; (b) the Defendant’s criminal act was committed during the period of repeated crime due to the same kind of crime; and (c) the other same kind of crime records (such as the fact that the total amount of fraud is not much high; and (d) the victim partially agreed or has discharged damage) and favorable circumstances.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion 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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