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(영문) 대전지방법원 2014.09.25 2014노1190

사기

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence of the original court (one year and three months of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the entire crime of this case; (b) the Defendant made efforts to recover damage by mutual consent between some victims and the trial court; (c) the Defendant has no record of punishment exceeding the fine; and (d) the Defendant’s personal seal wanting to take the Defendant’s wife.

However, in light of the law, frequency, etc. of the crime of this case, it is not recognized that the sentence of the court below is unfair because it is too too unreasonable, considering the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and the range of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, fraud group, general fraud type 2 (at least KRW 100,50, less than KRW 100,000), special person, decision-making of the recommended area (basic area), the scope of recommended sentence (one year or four years), etc.

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.