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(영문) 대전지방법원 2018.02.21 2017노3903

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the first instance court.

Considering the fact that the Defendant contributed to the community by cutting prior to the instant crime and volunteer activities, etc., and that the social ties of the Defendant’s family members are strong, and that the Defendant’s family members want to take the Defendant’s wife, etc., the sentence of the lower court cannot be deemed unfair because its punishment is too large, considering the circumstances asserted by the Defendant on the grounds of appeal, such as the amount of damage caused by the instant crime and the circumstances in which the victimized person wants to punish the Defendant.

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.