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(영문) 대구지방법원 2014.07.18 2014노1743
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) by the lower court is excessively unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime of this case, and that the defendant wants the victim's wife by agreement with the victims.

However, in light of the Defendant’s Criminal Procedure Act, the period, frequency, etc. of the crime, the total amount of damage is considerably larger than 130 million won, and there is no evidence to deem that the actual damage was recovered. The Defendant’s previous conviction was given six times the same criminal records (two times the actual punishment, and four times the fine) or more, and there is risk of repeating the instant crime by repeatedly committing the same crime during the repeated crime period, and the Defendant’s character and conduct, motive, means and methods of the instant crime, and circumstances after the crime, etc. are considered, it is not determined that the lower court’s punishment is unreasonable because it is excessively unreasonable.

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

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