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(영문) 대구지방법원 2021.01.13 2020노389 (1)
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the damage was partially recovered through the confession and rebuttal of the Defendant, the first offender, the auction procedure, etc.

However, in full view of the fact that the amount of damage is considerable, but the defendant did not receive a letter from the injured party, and the circumstances revealed in the records and arguments of this case, such as the circumstances leading to the crime of this case, the punishment sentenced by the court below is not heavy.

3. According to the 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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