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(영문) 대구지방법원 2014.11.07 2014노621

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of community service) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the nature of the crime is not good in light of the number and mode of the instant crime, and even if the Defendant was guilty of all the instant crime, the Defendant, who denied the crime by a vindication that does not match with the doctrine up to the court of the lower court, did not appear to reflect his mistake, etc., and the circumstances after the crime are not good, the Defendant did not agree with the victimJ until the trial of the lower court, and the Defendant had several criminal records before the trial of the lower court, etc., which are disadvantageous to the Defendant.

On the other hand, the defendant made a confession of all the crimes of this case which were late later in the first instance, and the amount of damage of this case is relatively minor in terms of KRW 10 million, and the victim G, H, I, and I are expected to have been recovered considerably from the damage of this case by agreement with the victim G, I, and the fact that the defendant did not have the same criminal record is favorable to the defendant. In full view of all the circumstances that are conditions for sentencing such as the defendant's age, character and behavior, environment, motive and background of the crime of this case, means and method of the crime of this case, and circumstances after the crime, etc., the court below's punishment is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.