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(영문) 대구지방법원 2014.03.21 2013노2647

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.

2. The court below's records of receiving juvenile protective disposition twice for the same crime, the crime is intelligent, dangerous, and considerable damage amount is not high, and there is no effort to recover damage at all, etc. However, there is no effort to do so at all. However, considering the following factors: the defendant's perception of all of the crimes of this case is against the wrongness of the defendant; the defendant still has no record of criminal punishment; the defendant has no record of criminal punishment; and other factors of sentencing specified in the arguments of this case, such as character and behavior, environment, the background of the crime of this case, and circumstances after the crime, etc., the court below's punishment is deemed unfair. Thus, the prosecutor's aforementioned assertion is without merit.

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