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(영문) 대전지방법원 2019.08.21 2018노3603

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The fact that the judgment is contrary to the defendant's intention to commit a crime, and that it is necessary to consider the balance with the case where the defendant was judged at the same time as the case where the judgment became final and conclusive is favorable to the defendant.

The defendant has the same criminal records once, and there are many different criminal records, and the fact that the amount of damage has not been repaid is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.