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(영문) 대구지방법원 2015.08.13 2015노2332
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

2. The Defendant recognized each of the crimes of this case as committing each of the crimes of this case and against the mistake, and the fact that the amount of damage caused by each of the crimes of this case is not so significant is favorable to the Defendant.

On the other hand, the defendant has a record of being punished 16 times (not less than a suspended sentence of imprisonment among them) due to fraud, etc., and in particular, the defendant committed each of the crimes of this case only for about five months after being sentenced to imprisonment with prison labor for one year due to criminal acts of the same kind, etc., and in light of this, the defendant has a habit of fraud, is likely to have a high risk of recidivism, and the damage has not been restored to the trial is disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, circumstances and results of each of the crimes of this case, etc., all of the sentencing conditions in this case, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [Determination of types] and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [Special Aggravation of less than KRW 100 million] (Special Aggravation of Aggravation: Aggravation of the same repeated crime [Scope of Recommendation]: Imprisonment with prison labor for a year to two years, and six months, etc., it is not recognized that the court below's punishment is too unreasonable. Thus

3. In conclusion, the defendant's appeal of this case 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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