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(영문) 대구지방법원 2017.10.19 2017노3309
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above sentence by taking account of the favorable circumstances that the Defendant’s acquisition profit is not a large amount of money, in light of the fact that the Defendant committed each of the instant crimes even though the Defendant was subject to criminal punishment several times, including the same crime, and that the Defendant did not endeavor at all to recover from damage.

In addition to the circumstances considered by the court below, there are changes in circumstances to change the sentencing of the court below.

In full view of the facts that it is difficult to see the Defendant’s age, sexual conduct, environment, background leading up to the commission of the offense, means and consequence, size of the offense, circumstances after the commission of the offense, etc., the sentence imposed by the lower court is deemed reasonable, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

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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