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(영문) 대구지방법원 2016.03.25 2016노238

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment with prison labor declared by the court below is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged in this case and reflects his mistake, but it is not recognized that the amount of damage in this case is too large of KRW 42.9 million, the damage in this case was not fully repaid even though about six years have passed since the crime was committed, the victim failed to pay his severe punishment, the defendant's criminal record was committed for the same crime, the defendant was sentenced to a criminal punishment due to the same crime, the court below appears to have determined the punishment by fully considering the favorable circumstances for the defendant, and there are no special changes in circumstances that could change the sentence of the court below after the decision of the court below was made, and there are no other changes in circumstances that could change the sentence of the court below after the decision of the court below, and it is not recognized that the sentence of the court below is unfair because it was too too large. Thus, the defendant's argument

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.