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(영문) 대구지방법원 2018.12.13 2018노3929
사기등
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 rendered the above sentence by taking account of favorable circumstances, such as the following: (a) the Defendant repeatedly committed each of the instant crimes that the Defendant had the same criminal history three times and has committed several times; (b) the Defendant had a heavy liability for such crimes; (c) the Defendant has consumed money via the Internet gambling; (d) there was a high possibility of criticism as to the circumstances leading up to the crime; (c) there was a large number of victims due to the Defendant’s commission of the crime; (d) there was no adequate recovery of damage; and (e) there was no adequate recovery of damage; and (e) there was no urgent punishment corresponding to the Defendant’s responsibility even in order to prevent the repeated occurrence of a serious victim; and (e) the Defendant committed the above punishment by taking account of the fact that all of the instant crimes are dead and contradictory to each of the instant crimes;

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, other than the flexible and unfavorable circumstances taken into account by 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, it cannot be deemed unfair to have exceeded the reasonable bounds of discretion or maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the above assertion by the Defendant is without merit.

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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