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(영문) 의정부지방법원 2019.11.28 2018노2764
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 execution, 2 years of probation) of the lower court is unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances (i.e., the fact that the lower court committed a crime by final defraudation, the fact that the defrauded committed several times, the fact that the defrauded committed a crime by fraud, the fact that he/she was sentenced to a suspended sentence of imprisonment or imprisonment due to fraud, and the fact that he/she led to the confession of the crime of this case, and the fact that he/she agreed with the victim) as well as other circumstances (such as the fact that the risk of recidivism exists in light of the records and arguments in this case, even if the lower court considered all of the circumstances (such as the fact that the victim has recovered from damage and agreed to the victim, and the fact that the current economic difficulty is difficult) that the sentence imposed by the lower court is too too unreasonable, and that the Defendant’s assertion is not found to be newly considered in the trial, and thus, cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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