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(영문) 대구지방법원 2018.07.20 2018노1688

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The fact that the defendant's wrong recognition and reflects the defendant's wrong is favorable to the defendant.

However, in full view of the facts indicated in the records and arguments of this case, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion, in light of the following: (a) the Defendant was punished for the same kind of crime before the instant case; (b) the amount of damage was not significant; and (c) the damage was not completely recovered; and

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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.