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(영문) 대구지방법원 2018.04.20 2017노5257

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one year of imprisonment) is too unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized each of the instant crimes and reflects his mistake; (b) there is no criminal record of the same kind or suspension of execution or more; (c) the Defendant’s health is not good; and (d) family members and branch members want to take a preference against the Defendant.

On the other hand, the defendant's amount of damages caused by each of the crimes of this case is large amount and the victims' damages have not been recovered, and the defendant seems to escape abroad for a period of about 15 years after each of the crimes of this case.

In full view of the above circumstances and the facts that there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, all of the factors indicated in the arguments in the instant case, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of recommended sentences based on the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court is too unreasonable as it is too unreasonable.

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.