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(영문) 대구지방법원 2018.03.23 2018노284
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant [one month of imprisonment with prison labor for each of the crimes listed in paragraphs (1) 1 and (2) of the list of crimes listed in paragraph (1) of the judgment of the court below, the crimes listed in paragraph (1) of the judgment of the court below, the crimes listed in paragraphs (1) 3 through 17 of the list of crimes listed in paragraph (2) of the judgment of the court below, and the crimes listed in paragraphs (2) 1 to 17 of the list of crimes listed in paragraphs (2) of the list of crimes listed in the judgment of the court below,

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments relating to sentencing.

The fact that the defendant has agreed with the majority victims by making efforts to reach an agreement, there are no criminal records exceeding fines in the same kind of criminal records, the defendant recognizes and reflects his/her mistake, and does not repeat his/her offense, and the fact that the sentence and final decision of this case are expected to be invalidated by the sentence of this case is favorable to the defendant.

Meanwhile, the Defendant did not recover approximately KRW 18 million out of the amount of damage KRW 25 million, and the Defendant committed most of the instant crimes during the period of probation, each of the instant crimes is similar to the applicable law, and is committed against many victims at a large number of places, and the nature of the crime is not good, and the Defendant was guilty of having committed the same offense five times, which is disadvantageous to the Defendant.

In addition, in full view of the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all the conditions of sentencing as shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court was adequate and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible, or the defendant is not fair.

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