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대구지방법원 2015.09.25 2015노2479

The defendant's appeal is dismissed.


1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The facts charged in this case are recognized and reflected by the Defendant, and the Defendant is the first offender without any previous conviction. However, even though the victim appears to have suffered approximately KRW 80 million due to the instant case, the recovery of damage was not made up to the trial, and there is no special change in circumstances to change the sentence of the lower court in the trial (the total amount of KRW 10 million deposited by the Defendant at the lower court and the trial). The Defendant’s severe punishment is desired until the Defendant was in the trial, and the Defendant’s severe punishment is considered to be unfair, considering all the sentencing conditions shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, family relations, and circumstances after the crime, etc., the Defendant’s assertion is without merit.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.