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(영문) 대전지방법원 2020.04.29 2020노651

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the fact that the Defendant, who had undergone the difficult growth process of the Defendant, is in the position to care for the spouse and two children who are being able to care for a new family. Considering the fact that all the facts of each of the instant crimes were committed and the mistake is against the depth, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

B. Considering the fact that the Defendant was punished for committing the same offense as this case, and even though the amount of damage was a large amount of 65 million won, it has not yet been recovered from damage, the above sentence of the lower court is rather unreasonable.

2. In light of the reasoning of the judgment, the court below seems to have determined the punishment by fully taking into account the above circumstances asserted by the defendant and the prosecutor, and there is no change in circumstances or circumstances that may newly consider the sentencing in the court of the first instance, and compared with the first instance court, there is no change in the conditions of sentencing. Considering the various factors of sentencing emphasized by the defendant and the prosecutor in the grounds of appeal, it is not recognized that the court below's punishment is reasonable, and that it is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per