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(영문) 대구지방법원 2021.02.17 2020노3972
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment with prison labor, two years of short term and one year of short term) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant is a juvenile, and the Defendant is a juvenile, and the confession and rebuttal are made, there are circumstances to consider the process of participation, and the benefits gained therefrom are not significant.

However, in full view of the various circumstances shown in the records and pleadings of this case, such as the fact that the amount of damage is not so significant, the damage is not recovered, and the forged document is used during the course of the crime of fraud, the punishment sentenced by the court below is not heavy.

3. According to the 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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