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(영문) 대구지방법원 2018.07.20 2018노1649
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. The fact that the Defendant’s mistake and reflects, and that the amount of damage is not significantly high, and that it is a crime during the period of repeated crimes of the same kind favorable to the Defendant; that it is not recovered from damage; and that the Defendant is punished for the same kind of crime each year, but commits the same kind of crime, and that it is highly likely to repeat the crime;

In full view of the circumstances unfavorable to the defendant, including the appearance of the defendant, and other circumstances shown in the records and arguments of this case, such as the age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the court below is appropriate, and the sentencing judgment by the court below exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

3. In 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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