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(영문) 대구지방법원 2018.02.22 2017노5276

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

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

2. We also examine the judgment prosecutor and the defendant's respective arguments on sentencing.

The court below sentenced the above punishment by taking into account the following circumstances: (a) the sum of the fraud amount of this case is not a total of KRW 3,884,00 won; (b) it is planned crime; (c) repeated crime was committed several times; (d) repayment was made of some damage by means of money acquired by another person; (e) it is not possible for victims to easily suspect by misrepresenting their status; and (e) it is bad to commit a crime by the method of deceiving victims by step; (b) it is possible to have the same history of the law; (c) it is not agreed with the victims; and (d) it is more favorable to recognize and reflect the crime; and (e) it is difficult to

In full view of the circumstances taken into account by the lower court, the Defendant’s age, sexual conduct, environment, background leading up to the commission of the offense, means and consequence, circumstances after the commission of the offense, and all the conditions of sentencing as shown in the pleadings, the lower court’s sentence is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be too easily or unfairly unreasonable, and thus, each of the Defendant and the Prosecutor’s grounds for the unfair sentencing are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.