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(영문) 대구지방법원 2016.02.18 2015노3961

사기등

Text

Defendant

All appeals filed by A, C, D, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, C, and D’s each sentence sentenced by the lower court to the Defendants (Defendant A: Imprisonment of one year and four months, Defendant C, and D: Imprisonment of one year and four months, and eight months) are too unreasonable.

B. It is unfair that the court below's sentence imposed on the Defendants (Defendant A: one year and four months of imprisonment; two years of probation and 80 hours of community service work in June; eight months of imprisonment; two years of probation and 80 hours of community service work; Defendant C; eight months of imprisonment; and Defendant E: two years of probation and 80 hours of community service work; Defendant F, H, and I: one year of probation and 40 hours of community service in April) are too uneasible.

2. The crime of this case, which is determined by the court below, is an unfavorable circumstance to each of the Defendants, where the Defendants committed the crime of this case by abusing the system of support for the air space, and is committed in a planned manner by abusing the system of support for the air space, and the nature of the crime is not good. Defendant A may have the record of criminal punishment including the sentence of the same kind of crime in the case of Defendant A. Defendant D is a criminal act during the period of repeated crime, and the remaining Defendants except the above Defendants have the record

On the other hand, all of the crimes of this case can be recognized by the Defendants and against their mistakes, and most of the loans seems to have been repaid properly, but actual damage seems not to be significant, and in the case of Defendant C, the agreement with some victims of the crime of defraudation of the cost through the cell phone is favorable to each of the Defendants.

Taking into account the aforementioned circumstances and the degree of the Defendants’ participation in the instant crime, and other various circumstances, including the Defendants’ age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court is too heavy or unreasonable to impose each sentence imposed on Defendant A, C, and D, or is deemed unreasonable, and the lower court is other than the said Defendants.