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(영문) 대구지방법원 2021.01.29 2020노3770
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by taking into account the following circumstances: (a) the victims have not recovered even though the amount of fraud was high; (b) the victims want to punish the Defendant; and (c) the Defendant committed each of the instant crimes even though he had been punished twice as a crime under the same law, there was no special circumstance or change in circumstances that could change the sentence of the lower court in the trial; and (d) the sentencing conditions in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered to be unfair to the extent that the lower court’s sentencing is too inappropriate.

3. 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.

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