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(영문) 대전지방법원 2017.10.18 2017노2406
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (one-year imprisonment) by the lower court is too heavy or unhued so as to be unreasonable;

2. The Defendant’s judgment recognized the instant crime, against the mistake, and did not repeat the crime.

The circumstances are favorable, such as the fact that the defendant is suffering from difficulties due to living conditions, and the fact that the defendant seems to have reached the crime of this case.

However, the crime of this case is disadvantageous to the fact that the defendant acquired money through several times using trust relationship with the victim and is not good in the quality of the crime, there are many criminal records that have been punished for the same kind of crime, and again commits the crime of this case during the repeated crime period, and even though the amount of the fraud of this case is reasonable, it does not completely recover from the damage until now.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, etc., there are no special changes in circumstances that make different from the lower court’s sentencing conditions, such as the records of this case as well as the circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (The judgment of the court below is a clerical error in the first criminal facts of May 11, 201, "No. 11, 2012." Thus, since it is obvious that the first criminal facts of the court below are a clerical error in the statement of "No. 11, 2012." Thus, the correction is made ex officio in accordance

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