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(영문) 대구지방법원 2020.12.09 2020노3121

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and 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). In full view of the factors leading up to the instant crime and the degree of deception, the amount and degree of recovery of the damage amount of the instant crime, as well as there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered, and other factors revealed in the pleadings of the instant case, including the Defendant’s age, family relation, health status (no mixed-type apprehension and depression), criminal record relation (no mixed-type criminal record), and the circumstances after the crime, etc., the sentence of the lower court is not heavier.

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.