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(영문) 서울중앙지방법원 2018.11.16 2018노2697
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one hundred months of imprisonment) is too unreasonable.

The sentencing guidelines [Scope of the punishment by law] 30 years or less of imprisonment [the scope of the punishment by sentencing] 30 years or less [the total sum of profit amounts] (the person subject to special sentencing] / [the person subject to special sentencing] of the group of fraudulent offenses among the groups of fraud offenses: The aggravated element of the same repeated offense [the scope of the punishment by recommendation]: From 1 to 2 years and 6 months: the defendant committed a crime; although each of the crimes of this case is against the defendant, although the crime of this case is committed in the confession, the crime of this case constitutes a repeated offense of the same kind; there is no change of circumstances that may be considered in the sentencing after the judgment of the court below; there is no change of circumstances that are lower than the lowest limit of the sentence recommended in the sentencing guidelines; and other various circumstances that form the conditions for the sentencing recorded and arguments, the defendant's assertion is not recognized to be unfair because the sentence of the court below is excessively excessive.

Therefore, Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act). In the event that the grounds for sentencing should be stated in the written judgment as the sentencing is respected in sentencing, and as a result of a judgment deviating from the sentencing criteria, the relevant grounds for sentencing should be stated in a way that indicates the relevant grounds for sentencing in a reasonable and persuasive manner (see Supreme Court Decision 2010Do7410, 2010, Dec. 9, 2010). However, even though the lower court rendered a sentence that deviates from the lower limit of the sentencing criteria, it did not entirely state the grounds for sentencing.

Defendant

In the instant case in which only the appeal was lodged, the sentence more severe than that of the lower judgment is not imposed (Article 368 of the Criminal Procedure Act), and thus, the appeal by the Defendant is dismissed).

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