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(영문) 대구지방법원 2017.03.17 2016노5125
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The decision-making defendant made a confession of all the crimes, and has his/her mistake repented in depth.

Most of the individual damages are relatively small in sum from several sources, and the total damages are less than 480,000 won.

However, the defendant has a record of criminal punishment for the same crime, etc. over several times.

In particular, each of the crimes of this case began to be committed in the absence of the punishment due to the type of fraud, etc. under the same law, and the punishment of this case was imposed after being discharged from prison, and the character and conduct of each of the crimes of this case was not enhanced for a period of one month.

There are many times of crimes.

The damage was not completely recovered and did not agree with the victims.

In light of no change in the sentencing conditions compared to the original judgment, the sentencing of the lower court is deemed to have exceeded the reasonable scope of discretion because it is too unreasonable to take into account all the sentencing conditions as shown in the argument of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc.

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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