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(영문) 대구지방법원 2021.02.17 2020노4298
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant has committed an act against his/her own mistake and not re-offending.

However, the defendant has repeatedly committed a crime of fraud, larceny, and credit-based financial business against many victims for a considerable period of time since the defendant was released from the same crime.

Since the defendant repeats the same kind of crime in light of law and repeatedly, he can not ask the defendant to bear strict responsibility corresponding to it.

In light of the fact that there is no special change in circumstances that could reduce the sentence of the court below when it comes to the trial, and considering all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, occupation, family relationship, criminal record and criminal history, the sentence of the court below is not heavy.

3. According to the 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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