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(영문) 서울고등법원 2016.01.29 2015노3339
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (three years of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no change in the conditions of sentencing compared to the lower court on the grounds that new materials on sentencing have not been submitted in the health room and the first instance court.

After examining all the circumstances favorable to the accused and unfavorable circumstances, the lower court sentenced three years of imprisonment with prison labor, which is the maximum sentence of the sentencing guidelines of the Sentencing Commission (one year to eight years of imprisonment with prison labor).

When comprehensively considering the various sentencing conditions revealed in the proceedings of the instant case, the sentencing of the lower court exceeded the reasonable bounds of its discretion.

It is difficult to see it.

The defendant's ground of appeal is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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