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(영문) 대구지방법원 2020.11.03 2019노3588

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The Defendant acknowledges a mistake and reflects his gender.

The elderly is gathering 88 years of age and is living as a recipient of basic living expenses.

However, the crime of this case was committed in 2013, and the defendant had been punished several times for the same kind of crime before, and was sentenced to imprisonment in 2009.

Even after a considerable period of time has elapsed from the date of the crime of this case, it is still not available for victims.

In full view of the circumstances above, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., as well as various circumstances that are conditions for sentencing, such as circumstances after the crime, and the equity between the case of the judgment of the court below and the case of the judgment of the court below at the same time as when the judgment of the court below became final and conclusive. The sentencing of the court below is not unfair,

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.