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(영문) 대전지방법원 2020.02.13 2019노3358
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of unfair sentencing (one year and six months by imprisonment with prison labor for each crime listed in the table of crime Nos. 1 through 80 in the judgment of the lower court, and one year and four months by imprisonment with prison labor for each crime listed in the table of crime Nos. 81 through 97 in the judgment of the lower court) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court 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 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As stated in the reasoning of the sentencing, the lower court determined the sentence by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and considering the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion, and there is no change in the new sentencing conditions to deem that

Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

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

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