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(영문) 대구지방법원 2015.06.04 2014노3249
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the accused's summary of the grounds for appeal is too unreasonable (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service).

2. The judgment appears to have little net profit acquired by the Defendant from the instant crime, and the fact that the Defendant’s health is not good is favorable to the Defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant that the defendant had the representative of the village make a false statement to a public official in charge of the Sung-gun Office of the victims and received the agricultural compensation to be paid for the waste vinyl directly collected from the village organization. It is not good that the crime of this case is not committed, the acquired money amount reaches 12,71,00 won, the damage of the victim was not recovered, and the fact that there is no special change of circumstances in the situation when it comes to the trial.

In addition, the defendant's age, character and conduct, environment, background and result of the crime in this case, all of the sentencing conditions in this case, including the circumstances after the crime, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [decision of type] and the basic area of the defendant's punishment [the scope of recommending punishment] and there is no person who is a special person [the person who is less than KRW 100 million] [the scope of recommending punishment]. In full view of six months to one year and six months, etc., the court below's punishment is too unreasonable, and the defendant'

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

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