(영문) 대구지방법원 2015.12.30 2015노4108 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.12.30 2015노4108

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It cannot be said that there was a criminal intent to acquire money by deceit at the time of receiving money from the victim.

B. The eight-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination:

A. The court below argued that the defendant had no intention to acquire the crime by deceit, and the court below rejected the defendant's above assertion by giving detailed explanation of the decision under the title "the judgment on the defendant's and his defense counsel's assertion". In light of the records of this case, the court below's above determination is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and thus, this part of the defendant's assertion is without merit.

B. The judgment of the court below on the assertion of unfair sentencing is that the defendant deposited 50 million won for the victim at the court below, and that the defendant did not have any power to impose a sentence on the defendant, but the defendant was detained by failing to appear on the court date for more than one year in the trial process of the court below, and the defendant did not reflect by denying the facts charged in this case until the court below held the trial, etc., the total amount of damage in this case exceeds 70 million won and the amount of the damage has yet to be recovered yet, and the court below appears to have determined the punishment by taking full account of the favorable circumstances for the defendant, and there is no special change of circumstances that could change the sentence of the court below after the decision of the court below was made, and there is no other reason to believe that the sentence of the court below is unfair since the defendant's punishment is too excessive, and this part of the defendant's assertion also has no reason to have merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.

참조조문

-형사소송법 제364조 제4항

유사 판례

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