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(영문) 대구지방법원 2013.08.23 2013노1757
사기등
Text

The judgment below

The part concerning the 1-B or 4-4 of the judgment shall be reversed.

The first-B crime of determining the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the fine of KRW 1: the fine of KRW 300,000,000, the fine of KRW 1-b to 4: imprisonment of KRW 8 months) is too unreasonable.

2. Determination

A. Regarding the crime No. 1 of the holding, there are circumstances such as health care for the defendant, the confession of the crime and the fact that the defendant repents his mistake. However, while the health of the defendant who is subject to the judgment of detention due to larceny has deteriorated, the crime has been committed again while the detention has been suspended, the damage has not been recovered, and other various sentencing conditions such as the defendant's age, character and conduct, the background, means and method of the crime of this case, and the circumstances after the crime are considered, the punishment imposed on the defendant for the crime No. 1 of the holding of the judgment by the court below is too unreasonable. Thus, the defendant's assertion on this part is without merit.

B. On June 12, 2012, the Defendant had been sentenced to a fine several times of fraud, and on June 2, 2012, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny; on June 20, 2012, the judgment became final and conclusive and conclusive on June 20, and committed the crimes listed in Article 1-b through 4 in the judgment within a short period; on the other hand, the victims did not agree with the victims; however, there are unfavorable circumstances such as the confession of all the crimes; the injury amount is relatively small; on the other hand, the number of days of detention due to the instant crime was committed for a period close to the sentence imposed by the Defendant against the crimes listed in Article 1-b through 4 in the judgment of the court below; on the other hand, imprisonment with prison labor for the above eight months may be additionally executed; on the other hand, the Defendant’s health, character and behavior at the Gap’s age may not be executed; on the other hand, the Defendant’s health, character and behavior.

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