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(영문) 대구지방법원 2017.06.29 2017노1014
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months 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 following circumstances: (a) the amount of the damage by deception of this case was nothing more than KRW 710,00,00; (b) the Defendant committed a crime of this case by taking into account the favorable circumstances, such as the fact that the amount of the damage by deception of this case was merely nothing more than KRW 710,00,00; and (c) the Defendant committed a crime of this case by taking into account the past and following the Defendant’s release from the same criminal record.

In full view of the following circumstances, other than the aforementioned circumstances, there is no change of circumstances to change the sentencing of the lower court, and all other conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

3. Accordingly, 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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