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(영문) 대전지방법원 2019.09.11 2019노1858
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is against the defendant's will while committing the crime, and the fact that the defendant does not have the same criminal record is favorable to the defendant.

The fact that the amount of damage is very large, the damage has not been recovered even after considerable time has passed from the date of the crime, and the fact that the victim N want to be punished by the defendant is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, 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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