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(영문) 대구지방법원 2020.09.08 2019노3898
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable;

2. The lower court seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the Defendant (the fact that the Defendant recognized all the crimes, and all the damage was recovered) and the unfavorable circumstances (the fact that the Defendant has been punished several times for the same kind of crime, and that the amount of damage exceeds KRW 300 million).

In light of the following facts: (a) the grounds for various sentencing recognized by the court below and the defendant, as a representative operating a business entity, appears to clearly have a social relation; (b) the defendant’s age, career, character and conduct, environment, family relationship, motive and background of the crime; (c) circumstances after the crime; (d) other circumstances known by the records; and (e) the scope of recommended sentence in the sentencing guidelines of the Supreme Court Sentencing Committee (a period of 10 months-2 months to 6 months); and (e) there are no special circumstances or changes in circumstances that make it possible for the court to change the punishment against the defendant, the court below’s sentencing including the community service order is appropriate, and

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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