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(영문) 대구지방법원 2019.05.23 2019노1082
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The Defendant, who recognized each of the instant crimes, is against the law, and needs to consider equity in cases where the judgment is rendered simultaneously with the offense of larceny, etc. against which the judgment became final and conclusive.

However, the Defendant has been sentenced five times to imprisonment with prison labor due to the same kind of crime such as theft and fraud, and in particular, the execution of imprisonment with prison labor has been terminated due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and committed each of the crimes in this case during the period of the repeated crime.

The defendant was unable to recover from damage to the trial of the court.

The sentencing of the lower court is the lowest sentence that can be sentenced within the scope of the applicable sentencing after mitigation of concurrent crimes and discretionary mitigation.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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