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(영문) 대구지방법원 2016.09.08 2015노2662

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and recognized his mistake, and that the principle of equity in the case where the Defendant was punished at the same time with the first head of the lower judgment.

On the other hand, the defendant has many records of punishment for the same crime, and the defendant did not reach an agreement with the victim, and the damage caused by the crime of this case has not been recovered, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the lower court’s punishment is deemed to be appropriate within the scope of the discretion of sentencing.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.