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(영문) 대구지방법원 2016.04.27 2016노828
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant divided his mistake and agreed with the victims.

However, the Defendant not only has the record of having been sentenced to a fine for a total amount of time, but also has the record of being punished for the same crime; the damage amount to KRW 80,500,000, which appears to have not been restored to its original state; there is no change of circumstances that may otherwise determine the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and taking into account all sentencing conditions and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Sentencing Committee, such as the circumstances after the instant crime, etc., the lower court’s punishment is too too unreasonable.

Therefore, 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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