사기
The defendant's appeal is dismissed.
1. Sentencing sentencing on the gist of reasons for appeal
2. The lower court rendered a sentence within the scope of the sentencing criteria, taking into account the favorable circumstances in which the Defendant actively committed the crime, and the Defendant was committed with the same repeated offense and had the record of being punished several times for the same kind of crime, and the Defendant led to the confession of the Defendant, and the victim did not want the punishment of the Defendant.
The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
Although the circumstances are acknowledged, such as the fact that the Defendant submitted a rebuttal daily to the full bench, etc., the employees of the Defendant’s company, a de facto marriage spouse, etc. wishing to leave the Defendant’s wife, and the detention of the Defendant appears to make it difficult to manage the said company, the circumstance alone changed the sentencing conditions as seen earlier in the trial.
It is difficult to evaluate.
The above sentencing is due, and the sentence of the court below is the lowest of the recommended sentence on the sentencing guidelines (the defense counsel omitted the "serious efforts for the recovery of damage", which is the general sentencing, when calculating the sentencing guidelines of the court below.
However, in the court below's ruling, considering the number of punishment as a person with special sentencing factors (reduction factors), the scope of recommending punishment depends on a person with special sentencing factors), it cannot be deemed unfair because the court below's punishment is too unreasonable.
Therefore, the defendant's above assertion is without merit.
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.