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(영문) 부산지방법원 2018.12.13 2018노3861
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (No. 1 and 6 months of imprisonment and forfeiture (No. 2)) against the Defendant on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the terms and 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). Based on the foregoing legal doctrine, the Defendant’s mother submitted a written application for coal seeking the preference against the Defendant at the trial court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). However, this does not constitute a special change in circumstances that may change the sentence of the lower court, as there is no change in the sentencing conditions compared with the lower court’s decision because new sentencing materials have not been submitted, and the sentencing grounds revealed in the course of the pleadings of the instant case are considered to be unfair because the lower court exceeded

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the Defendant’s appeal is without merit, and thus, it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, each of the phrase “as of April 24, 2017,” which read “as of April 24, 2018,” which read “as of April 24, 2018,” shall be corrected as “as of April 24, 2018.”

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