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(영문) 대구지방법원 2016.11.30 2016노4179
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that the defendant, who led to the confession of the crime, repents his mistake, and there is no record of punishment for the same kind of crime and there is no record of punishment heavier than the fine.

However, it is not recognized that the lower court’s punishment is too unreasonable in consideration of all the sentencing conditions and the scope of recommended sentencing guidelines for the enactment of the Sentencing Commission, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of each of the instant crimes, etc., as well as the circumstances after the crime, etc., and the sentencing guidelines for the enactment of the Sentencing Commission are too unreasonable.

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 since it is without merit. It is so decided as per Disposition.

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