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(영문) 대구지방법원 2017.03.17 2017노157

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 on the Defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As to each of the unfair arguments of sentencing by the Defendant and the prosecutor, the following are examined: (a) the Defendant recognized the facts charged in the instant case; (b) the profits acquired by the Defendant by the instant crime appear to be excessive; and (c) the degree of the Defendant’s participation in the instant crime is heavier than other accomplices in light of the circumstances leading to the instant crime; (d) the background leading up to the instant crime; and (e) the period and role of the instant crime.

In light of the fact that there is no special circumstance to change the punishment of the court below after the decision of the court below, and other various circumstances revealed in the records and pleadings, such as the defendant's age, sex, environment, family relationship, etc., the punishment of the defendant is too heavy or it cannot be deemed unfair because the defendant's punishment imposed by the court below is too heavy, since the defendant's punishment cannot be deemed unfair, in light of the fact that there is no agreement with the victim on the part of the defendant, and the method of the defendant's criminal act is becoming more complicated and the damage is growing, in light of the method of the crime, the responsibility of the defendant's criminal act is not easy.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, the Criminal Procedure Act is applicable.