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(영문) 대구지방법원 2020.06.24 2020노804
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court 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). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking account of various circumstances (unagreement with the victim and the same criminal records).

In full view of the sentencing conditions, including the Defendant’s age, living environment, and criminal records, and the scope of recommendations according to the sentencing guidelines (one to one year and six months from imprisonment), the sentence imposed by the lower court against the Defendant is not heavier, even though the Defendant’s wife and children are considered to be supported by the Defendant, and the Defendant’s wife and children were found to have not been recovered from damage up to the trial.

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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