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(영문) 대전지방법원 2018.12.13 2018노2856

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: The punishment sentenced by the court below (seven months of imprisonment) which was unfair in sentencing is too unreasonable.

2. Although the Defendant was already punished several times due to the same or similar crime, the Defendant committed a crime obstructing the performance of official duties in this case at another time, and in light of the Defendant’s criminal records, etc., the Defendant is highly weak to observe the law and the risk of recidivism.

Considering the fact that there is no choice but to view the fact that the Defendant recognized the instant crime, and the fact that the Defendant agreed with the victim of the instant fraud, etc., are too heavy for the punishment imposed by the lower court, even considering the favorable circumstances for the Defendant.

shall not be deemed to exist.

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.