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(영문) 대구지방법원 2021.01.08 2020노3390
사기방조
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. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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). The lower court rendered the above sentence against the Defendant in addition to taking into account the circumstances unfavorable to the Defendant, such as the Defendant, such as the confession and reflectivity of the Defendant, the gravity of the responsibility for aiding and abetting the criminal conduct of Bosing, the gravity of the responsibility for aiding and abetting the Defendant, the amount of damage in this case, KRW 30,000,000, the amount of damage in this case, and the amount of the victim’s severe punishment

In addition, even if the materials submitted in the trial of the party are considered, there is no meaningful change in the conditions of sentencing compared with the court below.

In addition, considering the Defendant’s age, sex, intelligence and environment, health and property status, family relation and social bond, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court does not seem to be unfair because it exceeded the reasonable scope of discretion and is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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