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(영문) 대구지방법원 2016.04.01 2016노438

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment of four months in imprisonment declared by the court below is too uneasible.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is reasonable to respect the defendant’s criminal record several criminal records, despite the fact that the defendant was unable to agree with the victims, while it is recognized that the defendant recognized the facts charged in this case, the defendant is against his mistake, and the punishment should be determined in consideration of equity with the case where the judgment is rendered simultaneously with the crime of the first criminal record as stated in the judgment of the lower court, and the defendant’s age, sex, environment, family relationship, circumstances after the crime, etc. are considered, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.