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(영문) 전주지방법원 2020.11.19 2020노1363
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended sentence, 200 hours of probation, and community service order) of the court below is too unreasonable.

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

The lower court appears to have determined a sentence in full consideration of various favorable and unsound circumstances, such as the fact that the Defendant was sentenced to a fine of KRW 30 million on April 2018, and the fact that the Defendant paid KRW 95 million above the damaged principal to the victim and restored the damage, etc. The lower court did not have any special circumstance to change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and the record of the crime in this case, it is not determined that the court below's punishment against the defendant is too unreasonable because it goes beyond the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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