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(영문) 부산지방법원 2018.01.25 2017노4521
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are acknowledged, such as the fact that the defendant led to the confession of the crime of this case and reflects the wrongness, and that the defendant's profit from the crime of this case seems not to be significant.

However, the crime of this case is an attempted attempt to receive money from victims or to receive money by deceiving victims as the victims' family members had been kidnapped, and in light of the contents of the crime, the crime of this case is very serious. In particular, the crime of this Bosing appeared in the form of intelligence, social harm caused by the above crime is serious, and the defendant did not agree with victims. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area for sentencing, and 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 go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), and it does not appear that the circumstances of the judgment of the court below that are too favorable to the defendant, such as changes in the circumstances in the circumstances of the defendant's age after the court below's normal sentencing, and it does not appear that the court below's ruling did not change the circumstances in the circumstances of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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