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(영문) 대구지방법원 2018.07.26 2018노919

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution, two years of probation, observation of protection, and forty hours of community service in six months of imprisonment) is too uneased and unreasonable.

2. The lower court, in light of the favorable circumstances, sentenced the above sentence, taking into account the following: (a) the Defendant had the same power and the victims’ failure to repay the damage into account; (b) the confession of the Defendant; (c) the amount of damage is relatively small; (d) the Defendant discharged the damage to the victim H, G, E, and F; and (e) the equity with the case where the judgment was rendered simultaneously with the final and conclusive judgment, should be considered.

Even in light of the circumstances that are disadvantageous to the defendant's nature of the crime, the fraud is not relatively much severe, and the defendant paid damages to four of the five victims of this case, and considering the favorable circumstances of the court below, such as the defendant's age, sexual conduct, environment, circumstances leading to the crime, means and result, scale of the crime, and circumstances after the crime, it cannot be deemed unfair to have exceeded the reasonable bounds of discretion or maintain them as they are (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor's argument above 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.