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(영문) 대구지방법원 2017.11.09 2017노3825
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the method and background of the instant crime and the amount of damage, etc., the lower court sentenced the above sentence by taking into account the following favorable circumstances: (a) under the unfavorable circumstances: (b) the Defendant did not have any criminal record heavier than the same criminal history or fine; (c) the Defendant did not have any criminal record heavier than the same criminal history or fine; and (d) the violation of the law, etc., respectively.

In addition to the circumstances taken into account by the court below, the victim did not reach an agreement with the victim until the trial is held, and the victim wanted to take into account the unfavorable circumstances.

In full view of the Defendant’s age, sex, environment, health, background leading to the commission of the crime, degree of participation in the crime, means and consequence, scale of the crime, and circumstances after the crime, etc., which can be known through records and pleadings, the sentence of the lower court appears to be reasonable, and the lower court’s judgment exceeded the reasonable bounds of its 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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