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(영문) 인천지방법원 2019.05.17 2019노867
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months 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, consideration shall be given to the following circumstances: (a) the Defendant was punished several times due to the same kind of crime; and (b) the Defendant committed the instant crime at the same time during the period of repeated crime; (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as shown in the instant records and pleadings, such as the circumstances after the crime, etc., are so excessive that the lower court’s punishment 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 on the ground that it is without merit. It is so decided as per Disposition.

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