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(영문) 대구지방법원 2020.09.09 2020노1234
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one month of imprisonment and one year of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant led to confession and reflect, and that the Defendant agreed with a considerable number of victims or repaid the amount of damages to the victims in the original instance.

However, in full view of the various circumstances revealed in the records and pleadings, including the fact that the Defendant committed the instant crime against many persons during the suspension of execution due to fraud, etc. and there is no change of circumstances that can be sentenced to punishment in the trial, the sentence imposed by the lower court against the Defendant is not heavy.

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

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