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(영문) 대구지방법원 2019.01.25 2018노4444

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (one year of imprisonment with prison labor for the Defendants A, and eight months of imprisonment for each of the defendants B and D) is too unreasonable.

2. The Defendants recognized the instant facts charged and reflected in the judgment, and the Defendants agreed with the victim are favorable circumstances.

However, the Defendants were sentenced to a suspended sentence of imprisonment for a criminal act similar to the instant crime and committed another crime without being sentenced to the punishment during the suspended sentence, and the Defendants committed the instant crime without being sentenced to the punishment during the suspended sentence. In full view of the following circumstances, the Defendants committed the instant crime by deceiving the victims in a systematic manner, and by taking account of the Defendants’ age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, means and consequence of the crime, and other various circumstances revealed in the records and arguments, including the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate, and there is no ground to view that the lower court’s judgment on the sentence was deemed to have exceeded the reasonable limit of discretion, or that it is unreasonable to maintain it as it is.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendants' assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.