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(영문) 대구지방법원 2020.02.07 2019노4698

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflected, that the defendant agreed with the victim C, that the fraud amount by victim is relatively high, and that the family members of the defendant want to find the defendant's preference.

However, it is also recognized that the crime of escape is a crime that infringes on the criminal justice of the State and requires strict punishment as an offense that causes obstruction to other criminal justice actions that require adequate confinement such as investigation and trial, and that it is also bad to the nature of the crime without taking necessary measures after causing traffic accidents during the escape process of this case, and that the crime of this case is also bad to the nature of the crime. The crime of this case is very bad to the three victims, and the crime of this case is committed by deceiving 11 million won in total by telephone as if they were aware of the crime. The crime of this case is very poor, the two victims of fraud and the victim of the bodily injury from escape were not agreed, the crime of this case was committed again during the repeated crime due to fraud, the defendant has already been punished 21 times in total, including two times in criminal punishment due to the violation of the Act on Aggravated Punishment, etc. of Specific Crimes (the injury). The crime of this case has already been punished once a suspended sentence of imprisonment with prison labor due to other crimes.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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