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(영문) 대구지방법원 2018.11.02 2018노3129
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflecteds all his mistake, paid all the amount of damage to the victims, and agreed with eight persons except the victim J among nine persons.

However, it is also recognized that the defendant was subject to criminal punishment 11 times in total, including punishment for the same crime, and had a record of being subject to juvenile protective disposition twice, and in particular, the defendant committed the crime of this case during the period of repeated crime due to the same crime.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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