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(영문) 대구지방법원 2016.10.20 2016노2870
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected his mistake is favorable to the Defendant.

On the other hand, even though the Defendant was sentenced to imprisonment with prison labor for the same kind of crime under the same law, the Defendant again started to commit the instant crime during the repeated crime period in which more than one year and six months have passed since the end of the execution, any particular circumstance in which the Defendant has endeavored to recover damage to the victims is not peeped, and no agreement has been reached with the victims, etc., are disadvantageous to the Defendant.

Considering the above circumstances and other money acquired through deception (a reasonable amount of KRW 10,299,864) as well as the circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the character and conduct of the accused, the environment, the motive, means and methods of committing the offense, and the circumstances after committing the offense, the lower court’s punishment is deemed appropriate as a punishment within the scope of the discretion for sentencing.

Therefore, the defendant's assertion is without merit.

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

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