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(영문) 대구지방법원 2014.07.17 2013노2725
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court below is too unreasonable in light of the fact that the defendant repents and reflects the wrongness of the reasons for appeal.

2. The fact that the defendant is against his mistake, and the crime of this case is subject to concurrent crimes as stated in the first head of the judgment of the court below and concurrent crimes as stated in the latter part of Article 37 of the Criminal Act, and should be considered at the same time with the case of concurrent crimes as stated in the latter part of Article 37 of the Criminal Act, etc. are disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court appears to have sentenced the Defendant to a sentence lower than the recommended sentence in the sentencing guidelines, and it is difficult to view that the sentence is too unreasonable, considering all the above sentencing factors.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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