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(영문) 대구지방법원 2014.10.31 2014노2983

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there are cases where: (a) the sum of the damage amount in this case reaches KRW 100 million; (b) the victim agreed with or did not recover from the damage up to the trial; (c) the Defendant forged the document to conceal the crime; and (d) multiple criminal records (one time of imprisonment, one time of suspended sentence of imprisonment, one time of suspended sentence of imprisonment, and three times of fines) due to the same crime are disadvantageous to the Defendant.

On the other hand, it is favorable for the defendant to be tried together with the crime of fraud for which judgment became final and conclusive, because he made confession of all of the crimes of this case and reflects the mistake.

In addition, considering all the sentencing conditions, such as the character and conduct, environment, criminal records, and circumstances after the crime of the defendant, since the court below's punishment is too heavy or unreasonable, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.