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(영문) 대구지방법원 2014.05.21 2013노2650

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, 3 years of probation) of the lower court is deemed to be too uneasible and unfair.

2. Determination: (a) there was a record of punishment several times for the same crime (one time of actual punishment, two times of suspended sentence, and four times of fines); (b) the Defendant committed a part of the instant crime without being aware of it even during the period of suspended execution; and (c) the Defendant continuously committed a crime against the victim; or (d) the Defendant committed a crime against the victim; (b) the Defendant’s perception of all of the instant crimes during the seven-month period; (c) the amount of damage is relatively large; (d) the victims do not want the Defendant’s punishment; and (e) the victims do not want the Defendant’s personality and behavior, environment, the background of the instant crime, and the circumstances after the instant crime, etc., the Prosecutor’s assertion is without merit. Therefore, it is deemed 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.