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(영문) 대구지방법원 2021.03.12 2020노3955
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 defendant had no criminal record of imprisonment or imprisonment without prison labor, and that he/she had no criminal record of being sentenced to imprisonment or imprisonment without prison labor.

However, the amount of damage in this case exceeds KRW 100 million, and there was no agreement with the victim or no damage recovery, and the defendant has been sentenced to a suspended sentence of imprisonment twice due to fraud. In addition, there was a history of being punished more than 20 times, including three times of suspended sentence of imprisonment due to the crime of violation of defense justice, the crime of forging private documents, embezzlement, etc., and there was no special change in circumstances that may change the sentence of the court below after the decision of the court below was made, and even if examining the various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual behavior, environment, motive and background of the crime, means and consequence of the crime, etc., it is not recognized that the court below's punishment was too excessive and exceeded the reasonable scope of discretion.

3. According to the 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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