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(영문) 대구지방법원 2019.06.21 2019노657

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.

2. It is recognized that the offense of the instant fraud crime is not good, and that the Defendant did not agree with the victim.

However, it is difficult to support the defendant, that there is a family member to support the defendant, that is, the economic situation of the defendant, and that the crime of this case needs to be considered at the same time in relation to concurrent crimes between the final and conclusive judgment of the court below and the latter part of Article 37 of the Criminal Act. It is also recognized that the previous defendant of this case had no criminal record of fraud.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.