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(영문) 대구지방법원 2016.08.11 2016노2038
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor for crimes No. 1 and No. 2 as indicated in the lower judgment, and one year of imprisonment with prison labor for crimes No. 3 as indicated in the lower judgment) is too unreasonable.

2. In the first instance judgment, the Defendant recognized all of the instant crimes and against his mistake. In the case of the crime Nos. 1 and 2 as indicated in the judgment of the lower court, the fact that the Defendant ought to consider the equity with the final judgment on the first head of the crime of the lower judgment at the same time as the final judgment on the Defendant should be considered

On the other hand, among the crimes of this case, the Defendant was punished for the same kind of crime as the crimes of this case, and the Defendant did not reach an agreement with the victims other than the victims of this case among the crimes of this case Nos. 1 and 2 of the judgment of the court below among the crimes of this case. In the case of the crimes of this case Nos. 1 and 2 of the judgment of the court below, each of the crimes of this case is a crime committed during the repeated crime period, and the amount acquired through the crime of this case (as approximately KRW 230 million) is a larger amount, etc., which are disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is determined to be appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, 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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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