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(영문) 대구지방법원 2020.07.22 2020노521

사기미수

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the crime of this case is attempted, and the Defendant is obliged to bear the child support for minor children under custody by engaging in economic activities.

However, a serious punishment is needed due to the serious personal and social harm.

Furthermore, the crime of this case is a means by which the Bosing Organization forms a large part of the total crime as a means of realizing the benefits of the crime, and the defendant seeks to collect money directly access to the victim, and the method of crime crime or the degree of participation is not easy.

In addition, taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, occupation, family relation, criminal record (one-time fine), and criminal records, the sentence of the court below against the defendant is not heavy.

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