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(영문) 대구지방법원 2016.03.25 2016노248
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment with prison labor declared by the court below is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged of this case and reflects his mistake, and that the total amount of damage is relatively large to KRW 3.60,00,000. However, it is recognized that the defendant committed the crime of this case without being aware of it during the repeated crime period, while having the record of criminal punishment more than 20 times due to the same kind of fraud, etc., and the defendant committed the crime of this case again without treating the symptoms of alcohol for a long time even though there are many records of criminal punishment due to the crime under drinking, and again committed the crime of this case. The court below seems to have determined the punishment by taking into account the favorable circumstances of the defendant, and there is no special change of circumstances that can change the sentence of the court below after the decision of the court below, and there is no other reason to regard the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, the defendant's assertion is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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