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(영문) 대구지방법원 2019.11.22 2019노3183

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first offence: imprisonment with prison labor for 6 months, the second offence in the holding: a fine of 1 million won) that the court below sentenced to the defendant is too uneasible and unfair.

2. The judgment of the Defendant has already been sentenced to a fine one time as a crime of fraud and two times of a fine as a crime of insult, and in particular, on May 5, 2017, the sentence of a suspended sentence of two years has become final and conclusive in June due to the crime of bodily injury, and on September 13, 2018, the judgment of a suspended sentence of two years has become final and conclusive in October, 2018. The Defendant committed the instant crime during the suspended sentence period, including two times of punishment for the instant crime, which was sentenced to a total of 20 times of punishment, including the two times of punishment for the instant crime, but not limited to the victims, and that the nature of the instant crime is bad.

However, it is also recognized that the defendant recognizes all of the crimes in this case and reflects, the sum of the fraud money is relatively large, and the crime of the violation of the Road Traffic Act (driving) and the crime of the judgment in this case in the latter concurrent crimes of Article 37 of the Criminal Act shall be considered at the same time in relation to the latter concurrent crimes.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.