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(영문) 서울북부지방법원 2019.10.18 2019노1375
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., nine months) is too unreasonable.

2. 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 Decided July 23, 2015). The lower court rendered a sentence against the Defendant taking into account the circumstances unfavorable to the Defendant, such as: (a) the confession of the Defendant; (b) the agreement with the victim I was reached; and (c) the equity with the case for which the judgment became final and conclusive; (d) the Defendant had a total of eight penal power, including the penal power for the same crime committed in the five instances; (b) the Defendant escaped during the trial of the case 2018Da1276 case, but was detained on May 3, 2019 by the issuance and nomination of the detention warrant issued by the court; and (c) the fact that the agreement with the victim D was not reached.

There is no new circumstance to consider the sentencing after the pronouncement of the lower judgment in the trial, and considering all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it cannot be said that the sentence imposed by the lower court is too excessive to exceed the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. As such, 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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