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(영문) 대전고등법원 2019.10.11 2019노289
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (five years and six months of imprisonment) by the lower court is too unreasonable;

2. The lower court determined the Defendant’s punishment by imprisonment with prison labor for not more than five years and six months, considering the favorable circumstances that the Defendant recognized the Defendant’s mistake and reflects the fact that: (a) the number of criminal acts of each of the instant frauds of this case is extremely poor and the victim loses most property; (b) the victim wants to be punished; (c) some of the crimes of this case occurred during the period of repeated crime; and (d) the Defendant was living abroad for an escape for about two years after the commission of the crime; and (c) the Defendant committed an escape life abroad; and (d) the Defendant was committed under the circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

In full view of the conditions of sentencing and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, rather than deeming that the judgment of the court below exceeded the reasonable bounds of its discretion.

Therefore, it cannot be deemed that the sentence of the court below is too unreasonable because it is too unreasonable.

Defendant’s assertion is not accepted.

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

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