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(영문) 대구지방법원 2014.09.19 2014노941

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. It is recognized that up to the trial of the judgment, agreement with the victim or the damage has not been fully recovered, and that the defendant has been punished twice by a fine for the same kind of crime.

However, in full view of all the factors of sentencing as shown in the arguments of this case, including the fact that the defendant led to the confession of the crime of this case and made efforts for partial recovery of damage, the amount of damage, the background of the crime of this case, and the circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's above assertion is without merit

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.