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(영문) 대구지방법원 2015.12.03 2015노3234
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflects his mistake, and that the amount of each damage is not the largest amount.

On the other hand, the fact that the defendant committed each of the crimes of this case again since one month has not passed since the execution of the final punishment was completed despite the fact that the defendant had been punished several times for the same criminal records, and that it seems that no particular damage recovery has been made up until now, etc. are disadvantageous to the defendant.

Considering the above circumstances and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

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

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