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(영문) 대구지방법원 2020.01.17 2019노4180
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned legal principles, the lower court, based on the foregoing legal doctrine, determined a sentence against the Defendant by taking into account the circumstances as stated in its reasoning, namely, the Defendant’s criminal records, the criminal records of a repeated crime period, the total amount of defraudation exceeds KRW 500 million, the Defendant led to confession and partial recovery from damage, etc., taking into account the favorable circumstances, and there is no special circumstance or change of circumstances that may be assessed differently from the sentencing conditions of the lower court in the trial except the circumstances indicated in the lower court. In addition to the circumstances indicated in the lower court, there is no special circumstance or change of circumstances that may be assessed differently from the sentencing conditions of the lower court, and even taking into account all other circumstances, the sentence imposed by the lower court is too unreasonable to the extent that it goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

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

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