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(영문) 대구지방법원 2017.05.18 2017노489
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The judgment below rendered the above sentence by taking into account the following favorable circumstances: (a) the crime quality of the instant crime is not good; (b) the Defendant appears to be against his wrong; and (c) the Defendant was not in receipt of a letter from the injured party; (d) the amount acquired by the Defendant is not large; (e) the Defendant deposited KRW 20 million for the injured party; and (e) the first offender is the first offender, respectively.

In addition to the circumstances that the court below considered as above, the crime of this case is a crime using personal trust relationship.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

3. In conclusion, 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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