2020No2711 Fraudulent

A

Defendant

bbbooms (prosecutions) and booms (public trials)

Attorney Kim beneficiary-young (National Election)

Seoul Central District Court Decision 2020Kadan2289 Decided August 20, 2020

December 18, 2020

The defendant's appeal is dismissed.

The Defendant appealed that the lower court’s punishment (one year of imprisonment) is heavy.

In a case where there is no change in the conditions of sentencing compared with 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, Jul. 23, 2015).

There is no particular change in the sentencing conditions compared with the original court because new sentencing data are not submitted in the trial of the original court, and when comprehensively considering the sentencing grounds revealed in the proceedings of the present case, the sentencing of the original court is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion. The Defendant’s assertion of unfair sentencing is without merit.

The defendant's appeal is dismissed on the ground that it is without merit.

The presiding judge and the highest judge rate;

Judges Cho Young-dong

Judges Lee Jae-hoon