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(영문) 대구지방법원 2020.11.25 2020노2774

사기미수

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and confiscation) is too unreasonable.

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 Defendant led to the confession and reflect of the crime in the trial, the fact that the instant crime was committed in an attempted crime, and the fact that the Defendant had a family member to support.

However, in full view of the various circumstances revealed in the records and arguments of this case, including the following: (a) the crime of Bosing is likely to cause serious personal and social harm; (b) the crime of this case constitutes a major part of the entire crime as a means to realize the benefit of the crime; and (c) the Defendant’s direct access to the victim to collect money; and (d) the method to commit the crime or the degree of participation is not easy; and (e) the punishment imposed by the lower court 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.