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(영문) 대구지방법원 2018.03.30 2018노305
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The judgment of the defendant recognized each of the crimes of this case and reflects his mistake, the fact that the defendant agreed with some victims, and the fact that the defendant's wife wanted to take the defendant against the defendant is favorable.

On the other hand, each of the crimes of this case is disadvantageous to the defendant, who deceivings the Internet site users using his mobile phone and personal information, and takes over the access media, and whose nature of the crime is not very good, the majority of the victims and the amount thereof, most of the victims have not recovered, and the defendant was sentenced to imprisonment with prison labor on August 21, 2014 and on June 30, 2015 and paroled on June 30, 2015, and committed each of the crimes of this case during the period of repeated crime, without being aware of the fact that the period of parole expires on September 18, 2015.

In full view of the above circumstances and the facts that there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and all of the sentencing factors in the pleadings of the instant case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too unreasonable since the sentence imposed by the Defendant 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.

[Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, each of the following parts of the original judgment shall be corrected ex officio:

Article 347(1) of the Criminal Act (the fraud point) of the act No. 14th 14 was corrected as “Article 347(1) of the Criminal Act” and “Article 347(1) of the Criminal Act (the fraud point).” The FG’s “FG” was corrected as “L” No. 17th 7 of the sight of the crime.

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