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(영문) 대구지방법원 2017.04.27 2017노221

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (each of the crimes listed in paragraphs (1) through (9) of the List of Offenses as indicated in the judgment of the court below: Imprisonment with prison labor for four months, with prison labor for two years of suspended execution, and with prison labor for six months) is too unreasonable.

2. The lower court rendered the above sentence by taking into account the following circumstances: (a) the Defendant had a large number of criminal records for the same kind; and (b) each of the crimes set forth in Articles 2 and 3 of the lower judgment’s decision was committed during the trial; (c) the Defendant reflects the Defendant; and (d) the Defendant agreed with the victims,

In addition to the circumstances that take into account the aforementioned unfavorable circumstances, the lower court takes into account the fact that the instant crime was committed using personal trust relationship into account the circumstances unfavorable to him/her.

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.