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(영문) 대구지방법원 2020.05.26 2020노939
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The lower court, as indicated in its reasoning, determined a punishment within a reasonable scope by taking into account various circumstances that serve as the conditions for sentencing, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court following the lower judgment.

The sentencing of the court below 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 conclusion is groundless.

(However, according to Article 25(1) of the Rules on Criminal Procedure, "The scope of punishment by law for 1.5 aggravated repeated crimes" is added to "Article 35 of the Criminal Act," and "1. 2 and 15 years" among the grounds for sentencing, "1. 2 and 30 years of imprisonment: 2 and 30 years of imprisonment," and "2 and 15 years of imprisonment, as amended according to the applicable sentence: 5 years of imprisonment," respectively.

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