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(영문) 대전지방법원 2016.08.18 2016노1338

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant was attempting to commit the instant crime, that there is no criminal history against the Defendant, and that the Defendant paid KRW 1 million to the victim C when the Defendant was in the first instance, and that the remainder of the money was repaid after the vehicle, thereby making an agreement with the victim C.

However, in light of the frequency of the crime committed by the Defendant, the amount of damage, and the method of the crime, the crime of this case was committed in a very bad condition to the nature of the crime, and the victim B’s failure to recover damage, etc. In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive for the crime, means and consequence, and other various sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive for the crime, means and consequence,

Even if the sentence of the court below is too unreasonable, it is not recognized that it is unfair.

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.