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(영문) 대구지방법원 2017.08.24 2017노2439
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 because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The lower court rendered the above sentence in consideration of the following circumstances: (a) the Defendant had the record of punishment for the same kind of crime; (b) the case of deceiving the victim several times a year by deceiving him/her over a total of KRW 12,675 million; (c) the quality of the crime was inferior in light of the relevant several methods; and (d) the victim suffered damages that he/she had collected before his/her retirement due to this, but did not fully compensate for the damages that he/she lost; and (e) the Defendant recognized most of the crimes of this case and violated the wrongness, respectively, was sentenced to the above punishment.

In addition to the circumstances considered by the lower court, the Defendant did not recover from damage until the trial was held in the first instance court; and the Defendant took into account the fact that the Defendant took the attitude of lighting criminal trial procedures, such as having been absent twice on the trial date of the lower court (three times and six times).

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 judgment of sentencing 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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