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(영문) 대구지방법원 2018.06.21 2018노889

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. The lower court rendered the above sentence by taking account of the favorable circumstances, such as the victim’s two victims, the total amount of damage was KRW 90,000, and the fact that the Defendant recognized all of the crimes, the Defendant recognized and reflects all of the crimes in the lower court, the Defendant recognized and reflected the crimes in the lower court, and the victims were not punished, and the victims were not punished.

In addition to the circumstances taken into account by the court below, the fact that the defendant has been sentenced to a fine of two times as a crime of fraud shall be considered disadvantageously.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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.