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(영문) 대구지방법원 2017.03.15 2016노5268

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination: (a) there are favorable circumstances for the Defendant, including the fact that the Defendant recognized all of the facts charged in this case; (b) the fact that the first head of the facts charged in the judgment of the lower court, which became final and conclusive, should be determined in consideration of equity in the case of the judgment at the same time; (c) on the other hand, the Defendant had a history of criminal punishment including several times of punishment for fraud; (d) the Defendant did not agree with the victim or take any particular measures to recover damage; (e) the Defendant was sentenced to a fine reduced compared to the fine for the summary order in this case, considering the favorable circumstances of the Defendant already favorable to the Defendant; (d) there is no special change of circumstances that could change the sentence of the lower court after the sentence of the lower court was rendered; and (e) other conditions of sentencing specified in the records and arguments of this case, such as character, character, environment, health condition, and circumstances after the crime, etc., the Defendant’

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.