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(영문) 대구지방법원 2018.11.09 2018노2945
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is unfair because the punishment (6 million won in penalty) imposed by the defendant is too unreasonable.

2. In full view of various circumstances revealed in the records and arguments of this case including the defendant's age, sexual conduct, economic situation, health conditions, family relationship, motive, circumstance, means and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the court below is appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion, in light of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized, the amount of damage is not significant, the amount of damage is repaid, and the amount of damage is repaid and the victim has agreed with the victim.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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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