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(영문) 대구지방법원 2018.12.14 2018노3740

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. The crime of false judgment not only interferes with the appropriate exercise of the State's judicial authority or disciplinary authority, but also requires strict punishment for a crime that causes severe pain and danger to the person under severe punishment or disciplinary action. In particular, it is recognized that the crime of false judgment in this case was committed by the defendant to receive an agreed amount without paying 140,000 won to the person under severe punishment or disciplinary action against the person under severe punishment. The crime of false judgment in this case is committed by the defendant without the intent of the crime in this case, and the motive of the crime is bad, and planned by the third party, and the crime was committed by the third party. The crime in this case was not used by the defendant from F, the crime in this case is not committed by the defendant, in light of the number of crimes, the period of crime, and the scale of damage, and that the defendant has a record of being punished by a

However, it is recognized that the defendant recognized the crime of this case and is against the defendant, the defendant agreed with the victim C of the crime of fraud, the victim wants to take the defendant's prior action, the defendant's non-guilty F was not subject to criminal punishment, and the defendant has no record of punishment exceeding the criminal records or fines related to the crime of this case.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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.