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(영문) 대구지방법원 2014.05.23 2013노3749

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not more than five months and two years of suspended execution, community service work for not less than 80 hours) of the lower court is deemed to be too uneasible and unfair;

2. It is recognized that the accused has the same criminal records and five times a fine and has not been recovered from damage to the trial.

However, it is recognized that the circumstances such as the Defendant’s confession of the instant crime and the fact that the Defendant has no record of criminal punishment beyond the fine for the same kind of crime, and that the Defendant ought to care alone as a person eligible for the protection of a single-parent family. In full view of the various circumstances, including the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

3. In conclusion, the prosecutor'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.