beta
(영문) 대구지방법원 2016.04.01 2016노421

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The defendant, who made a confession of the crime of this case, reflects his mistake. The crime of this case is to be judged at the same time in relation to concurrent crimes after Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in which judgment became final and conclusive, taking into account the case and equity in relation to the crime of this case. Although there are favorable circumstances such as health conditions, the defendant has a record of having been subject to criminal punishment (including two times of punishment and one time of suspended execution) for the same crime, and in particular, the defendant committed the crime of this case on April 7, 2010 after being sentenced to two years of suspended execution on April 6, 201, without being aware of the fact that he committed the crime of this case in this case without being aware of the fact that most of the amount of damage was not repaid, and that there was no agreement between the victim and the victim, and that he was detained in the trial procedure, and there is no reason to view the defendant's age, sex, motive and motive of the crime of this case.

3. In conclusion, 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. It is so decided as per Disposition.