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(영문) 대전지방법원 2019.07.03 2019노1077
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is also recognized that the circumstances to be considered to the defendant are also acknowledged, such as the fact that the defendant is all trying to commit the instant crime and that the amount of fraud is not very large.

However, according to the circumstances such as the fact that the defendant has been punished for the same kind of crime several times, that he again commits the crime of this case even though he was a repeated period with the records of the same crime, and that the repeated crime causes many victims to incur losses, it is reasonable to place the defendant with severe punishment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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

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