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(영문) 대전지방법원 2018.01.31 2017노3851
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant recognized the instant crime and against the mistake, that the Defendant did not have any criminal record exceeding the suspended sentence, and that the Defendant supported the aged parents.

However, the crime of this case is an unfavorable circumstance, such as: (a) deceiving a victim who was a chain of relationship at the time of the defendant; (b) deceiving the victim by deceiving the victim; (c) exercising violence several times in the course of dispute with the victim; and (d) destroying goods, etc. owned by the victim; and (c) the nature of the crime is very poor in light of the criminal facts and the contents thereof; (d) the total sum of the fraud amount of this case exceeds KRW 25 million; (e) the damage was not fully recovered until now; and (e) the Defendant did not agree with the victim, and

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means, and consequence of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, such as the circumstances after the crime, the lower court’s punishment is 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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