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(영문) 대구지방법원 2017.03.23 2017노41

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment and 2 years and 6 months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s recognition of each of the crimes of this case is against the Defendant, and that in the case of each of the crimes of this case, Article 1-1(a) and 2-1(2) of the judgment of the lower court [2016 senior group 97] of the lower court, it is necessary to consider equity with the case where the Defendant was tried at the same time as the previous conviction of the judgment of the lower court that became final and conclusive, and that the victim H, one of the victims of fraud, is not subject to the Defendant’

However, the Defendant committed the crime of fraud and embezzlement against many victims for a long time, the total amount of damage caused by each of the above crimes is very large, the Defendant did not receive a letter from the victims other than the victim H because most of the damage was not restored, the Defendant escaped during the investigation process and did not stop the crime again during the investigation process, and the Defendant committed the crime again even though he had the record of punishment by drinking and driving without a license (including the previous record of suspended execution) several times in the case of the crime of drinking and driving without a license, and the Defendant committed the above crime again. In addition, the lower court’s punishment conditions as indicated in the records, such as Defendant’s age, sexual behavior, environment, occupation, circumstance leading to the crime, etc., and the sentencing conditions as indicated in the records, compared with the first instance court, and it is reasonable to respect the sentencing if the first deliberation does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the defendant's appeal is obvious that the defendant's appeal is a clerical error in the "victim AJ" of the 10th 19th , 20 through 21th , 11th , 2th , 7th , 9, 16th , 21th , and 12th .