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(영문) 부산지방법원 2018.05.17 2018노429
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year and six months of imprisonment), and the prosecutor is too unfasible and unfair.

2. Where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as stated in its reasoning, determined the punishment in consideration of the favorable and unfavorable circumstances to the Defendant, and the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal are considered in the sentencing process of the lower court, and there is no new change in circumstances that may change the sentence of the lower court in the first instance court.

In addition, when comprehensively considering various sentencing conditions, such as the defendant's motive for crime, fraud amount, relationship with victims, family relationship, and criminal records (three times of fines) as shown in the deliberation by the court below and the party, and the scope of recommended punishment according to the sentencing guidelines, the punishment of the court below shall not be deemed to be unfair because it is too appropriate and too heavy or too heavy.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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