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(영문) 부산지방법원 2020.12.10 2020노3114
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant asserted that there was a mind to return a stolen mobile phone. However, this cannot be deemed a new circumstance that could change the sentence of the lower court in the trial. In full view of the reasons for sentencing as stated in the lower court’s reasoning, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, the same type of crime, the history or method of the crime, the frequency and frequency of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is not heavy within the reasonable scope of discretion.

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

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