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(영문) 대구지방법원 2018.05.04 2018노726

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a crime No. 1: imprisonment with prison labor for 4 months, and a crime No. 2 as decided: imprisonment with prison labor for one year and two months) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant appears to have returned approximately KRW 1.5 million to the victim; (b) the equity between the Defendant and the Defendant who received the judgment at the same time as the fraudulent case in which the judgment became final and conclusive; and (c) the Defendant voluntarily surrenders to the Defendant to commit the crime,

However, narcotics crimes have a high risk of recidivism and negative impact on society as a whole due to toxicity, etc.

The Defendant had a criminal record of narcotics, including several criminal records, and the Defendant administered philophones during the period of the same repeated crime.

On the other hand, the Defendant attempted to recover the difference of the victim in addition to taking part in the money of H, D and the victim.

It does not seem that the victim had been urged to return the remaining money from D, and then the victim had been urged to return it.

There is no data to view.

It was not agreed with the victim, and most of the damages were not recovered.

In addition, in full view of the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relation, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.