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(영문) 대구지방법원 2018.06.08 2018노1075
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant recognized the instant facts charged and reflected, and that the Defendant did not have much profits acquired by the instant crime compared to the remittance amount, and that the Defendant was the first offender of the same kind and did not have any criminal record exceeding the fine, etc.

However, the crime of this case requires strict punishment by taking into account the following circumstances: (a) the Defendant was aware that the crime of this case was committed, even though he had been aware that the crime of this case was committed; (b) the Defendant had been committed continuously; and (c) the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime; and (d) the circumstances after the crime committed, etc., the punishment imposed by the lower court is appropriate; and (b) the judgment of the lower court exceeded the reasonable bounds of discretion; (c) the judgment of the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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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