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(영문) 대구지방법원 2018.06.21 2018노1206
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above punishment by leaving the lower limit of the sentencing guidelines by taking into account the circumstances favorable to the Defendant, such as the fact that the instant crime was committed by deceiving the victim and by deceiving the victim, and that the amount of damage is large, and that the amount of KRW 70 million out of the damage caused by the instant crime was not yet repaid to the extent that the amount has not yet been repaid, etc., the lower court determined that: (a) the Defendant recognized all of the crimes; (b) the Defendant is the primary offender; (c) the Defendant was the primary offender; and (d) the Defendant partially repaid

In addition to the circumstances taken into account by the court below, even if considering the favorable circumstances in favor of the defendant that the defendant paid an additional amount of five million won to the victim when the court below was the first instance court, in full view of all the sentencing conditions, such as the defendant's age, sexual conduct, environment, health, circumstances leading to the crime, means and result, scale of the crime, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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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