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(영문) 대구지방법원 2018.02.08 2017노3323
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (7 million won in penalty).

2. Determination is based on the circumstances that are favorable to the Defendant’s living for about 11 years and 5 months after the instant crime, the fact that the Defendant had been punished for the same kind of crime, and the fact that there was a record of punishment for the same crime, the principle of equity with the case where the Defendant is judged concurrently with the offense of violation of the Attorney-at-Law as indicated in the lower judgment, and the fact that the victimized person was unable to punish the Defendant on April 25, 2017, respectively.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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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