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(영문) 대구지방법원 2016.05.26 2015노3961 (1)

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is so far as the sentence imposed by the lower court on the Defendants (for each of four months of imprisonment, one year of suspended execution, one year of community service, 40 hours) is too uneased.

2. Determination of the facts that each of the crimes of this case is not good, all of the Defendants have criminal records, and the Defendants have the power to be punished for the same kind of crime, etc. are disadvantageous to the Defendants.

On the other hand, it appears that the defendants recognized all of the crimes of this case and are against their mistakes, and the actual damage caused by each of the crimes of this case seems not to be significant, etc. are favorable to the defendants.

In light of the aforementioned circumstances and the degree of the Defendants’ participation in each of the instant crimes, and other circumstances that form the conditions for sentencing as stated in the instant records and arguments, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, each of the punishments imposed by the lower court to the Defendants is too uneasible and unreasonable.

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.