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(영문) 수원지방법원 2020.02.14 2019노6858
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although it is recognized that the Defendant has led to the final trial and made a confession of and made a mistake in depth, there is no meaningful change in the terms and conditions of sentencing compared to the original trial, and the sentencing reasons revealed in the course of the argument in this case (in particular, the amount acquired by the Defendant is referring to the highest amount of 675 million won, and the amount of the punishment revealed in the course of the argument in this case (in particular, the amount acquired by the Defendant is referring to the highest amount of 675 million won, and the amount was not repaid, and it is not agreed with the victims) cannot be deemed to have 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 since it is without merit.

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