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(영문) 부산지방법원 2019.10.25 2019노2623
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

In addition, although the defendant recognizes the crime of this case and reflects on the fact that the sum of the fraud of this case is a large amount of KRW 81,500,000, the defendant did not agree with the victims up to the trial court, and that the defendant has been punished for the same kind of crime before and after the court below, considering all the sentencing factors of this case including the defendant's age, character, character, environment, frequency of crime, the circumstances and motive leading to the crime of this case, method of crime, conditions before and after the crime of this case, etc., the sentencing of the court below cannot be said to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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