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(영문) 대구지방법원 2019.06.21 2019노1389
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and reflects the fact that the defendant is still aged 19, there is a family member to support the defendant, such as his grandparents and the female 13 years old, etc., the defendant agreed with the victimJ, the damage amount of this case is not much, the defendant is not subject to a sentence, and the defendant was sentenced to a suspended sentence for six months on June 28, 2018, and the defendant was sentenced to a suspended sentence for two years on the grounds of fraud on June 28, 2018. If the sentence of this case is finalized, it is recognized that the above suspended sentence for six months should be additionally serving.

However, the nature of the instant crime is not good, the Defendant did not agree with the victim B, the Defendant had already been punished for the crime of fraud two times, and in particular, on June 29, 2018, the Defendant was sentenced to a suspended sentence of one year of imprisonment for February due to fraud, etc. It is recognized that the instant crime was committed during the suspended sentence period of the final judgment rendered on June 28, 2018, and that the risk of recidivism appears to exist.

In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, the sentence imposed by the court below is too unreasonable.

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

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