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(영문) 대구지방법원 2020.12.15 2020노2872
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below's punishment (six months of imprisonment with prison labor and six months of imprisonment with prison labor for the crimes Nos. 1, 2, 4, 5, and 6 months of decision) is too unreasonable.

2. The defendant shows an attitude against the defendant by recognizing the crime, and the victim N does not want to punish the defendant.

There is also a circumstance that the principle of equity should be considered with the case of damage to public goods for which judgment has become final and conclusive at the same time.

However, in the case of the crimes of the same kind of crime, etc., the defendant has a record of criminal punishment over several times, and in the case of the crimes of the first, second, fourth, five, and six crimes, the defendant was sentenced to a suspended sentence of imprisonment due to damage to public goods, and again committed the above crimes even during the suspended sentence, and the degree of injury suffered by the victim of the crimes of the third of the judgment

It has not been recovered from damage, and the victims except the victim N want to be punished for the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and other circumstances indicated in the instant pleadings and records, it is difficult to deem that each sentence of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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