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(영문) 대구지방법원 2017.09.22 2017노2729
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the Defendant is recognized as all the facts charged when it comes to the trial, and it reflects his mistake, and the Defendant is an initial offender who has no record of punishment. However, it is recognized that the victim was not recovered, and the victim was fluoring the victim’s severe punishment, and that the Defendant is making efforts to recover the damage.

It is difficult to see that (the defendant deposited KRW 5 million in total for the victim, but this is merely 1/6 of the amount of damage, and the victim submitted a written consent to recover the defendant's deposit to the effect that he/she refuses to receive the deposit). Other factors of sentencing specified in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, circumstances after the crime, etc., are too unlimited and unfair. Thus, the defendant's assertion 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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