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(영문) 대구지방법원 2015.10.16 2015노2523
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, compared to the first instance court, there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) In light of the aforementioned facts, the lower court’s punishment is unreasonable on the grounds that the Defendant’s punishment was determined based on the following facts: (a) the Defendant recognized the facts charged of the instant case; (b) the Defendant, despite the fact that the Defendant did not want the Defendant’s punishment by mutual consent with the victim; (c) the Defendant was punished once and three times of a fine for the same kind of crime; (d) the Defendant committed the instant crime without being aware of the period of repeated crime; (c) the Defendant committed the instant crime without being aware of the period of repeated crime; (d) the details of the repeated crime; (c) the Defendant committed the instant crime; (d) the Defendant committed the crime with the same method as the instant crime; (e) the amount of damage was not significant; and (e) the lower court appears to have determined the sentence by taking full account of the favorable circumstances to the Defendant; and (e) there was no special change of circumstances to change the sentence of the lower court; and (e) the Defendant’s age, character, environment, family relationship, and circumstances after the crime.

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

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