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(영문) 대구지방법원 2018.11.09 2018노2988
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant had committed the instant crime during the period of repeated crime, after having been sentenced to imprisonment with prison labor by committing the same kind of crime, and completed the execution of the sentence, and committed each of the instant crimes.

The defendant has a variety of records of criminal punishment for the same crime, including criminal records of the above repeated crime.

This is disadvantageous to the defendant.

Criminal facts are recognized and reflected by the defendant.

5 million won was returned out of the amount of damage.

This is the circumstances favorable to the defendant.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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.

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