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(영문) 대구지방법원 2016.01.22 2015노4577
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment with prison labor declared by the court below is too unreasonable.

2. However, considering the following facts: (a) the Defendant has been punished three times by a fine for the same crime of fraud; (b) the amount of damage in this case is not significant; (c) the Defendant did not take any particular measures to recover damage up to the depth of the party; (d) there is no special change in circumstances to change the punishment of the lower court after the lower court was sentenced; and (e) other factors of sentencing specified in the records and pleadings of this case, such as the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unreasonable; and therefore, the Defendant’s assertion is

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

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