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(영문) 대구지방법원 2020.10.21 2020노2558

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court 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 recognized the instant crime, reflects the mistake, and has a family member to support.

However, the amount of deceitation of this case was not restored to the name of 59.8 million won, and the victim was not able to receive a letter.

In light of the following factors: (a) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the judgment of the court below was rendered; (b) the Defendant’s age, family relation, criminal record (one time a fine is imposed, one time a suspended sentence of imprisonment with prison labor for the same kind); (c) details of the crime; and (d) circumstances after the crime, etc., the sentence of

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.