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(영문) 대구지방법원 2016.09.09 2016노2618
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant recognized all of the instant crimes and divided the mistake, and that the amount of the defraudedation of each of the instant fraud crimes is a small amount, and that it appears to be a living penalty.

However, the Defendant had been punished for committing the crime of fraud of the same law as the instant crime, and in particular, the Defendant committed each of the instant crimes again despite the fact that he was sentenced to a three-year suspended sentence for a year of habitual fraud, which was under the suspended sentence for a three-year period, and did not recover the damage caused by each of the instant crimes.

In addition, there is no change in the sentencing conditions compared with the original court because new sentencing data has not been submitted in the first instance court.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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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