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(영문) 대전지방법원 2017.08.23 2017노1597
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the Defendant recognized the instant crime and reflects it, and the fact that the Defendant did not have any other criminal record, other than the one-time fine due to the instant crime, is favorable.

However, the damage amount is about KRW 99 million, the victim did not agree with the victim, and the victims want to punish the defendant, and the damage recovery measures are not taken properly.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's 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.

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