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(영문) 대구지방법원 2018.08.30 2018노2303
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above punishment by taking account of the favorable circumstances, such as the fact that the amount of damage caused by the Defendant’s crime of defraudation and breach of trust exceeds KRW 85 million, but the Defendant did not fully repay the damage, etc., and that the Defendant recognized all of the crimes and reflected it, etc., respectively.

In addition to the circumstances taken into account by the court below, the fact that the defendant has been sentenced to a fine for breach of trust shall be considered disadvantageous to the defendant.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds 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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