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(영문) 대전지방법원 2019.08.29 2019노784
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (one year of imprisonment) is too unreasonable.

2. As stated in the reasoning of the lower judgment, the lower court determined the Defendant’s sentencing by fully taking account of the overall circumstances regarding the Defendant’s sentencing, and considering the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing did not appear to have exceeded the reasonable scope of discretion, and there is no change in the new sentencing conditions that can be deemed unfair to maintain the lower court’s sentencing as it is in the trial.

(1) In light of the fact that: (a) the Defendant, while denying a crime in the lower court, led the Defendant to the trial; (b) however, the Defendant failed to recover from damage until now; and (c) the Defendant’s serious efforts to recover damage could not be found, this does not appear to be a change in circumstances that could change the sentencing of the lower court). Therefore, the lower court’s sentence is too unreasonable.

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

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