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(영문) 대구지방법원 2017.05.25 2016노5720

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The lower court determined that: (a) the number of victims are several; (b) each victim is a large amount of damage; (c) the victims’ damage has not been recovered; (d) the victim F wants to impose severe punishment on the Defendant; and (e) the Defendant has a strong radius.

In extenuating circumstances, the victim C was sentenced to the above punishment by taking into account the following favorable circumstances: (a) the victim C was unable to punish the defendant; and (b) the defendant was not guilty of the same or the suspension of qualification; and (c) the defendant was not guilty.

In addition to the circumstances that the lower court considered as above, the following should be considered: (a) the crime of fraud against the victim C is a crime using personal trust relationship in high school; (b) the Defendant has been engaged in flight life for about three years and six months from April 2012 to October 2015; and (c) the victims have not been recovered from considerable part of damage to the trial.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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.