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(영문) 대구지방법원 2016.09.07 2015노5381
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment with prison labor for a two-year grace period) is too uncomfortable and unfair.

2. Determination of each of the instant crimes is recognized that each of the instant crimes is obtained by deceiving government contributions, such as research funds paid with the State’s budget, by manipulating evidentiary documents, and the case is serious and the nature of the crime is inferior, a long-term period of time, and a large amount of damage exceeds 317 million won, and the victims did not agree with each of the instant crimes.

However, considering the following factors: (a) the Defendant’s primary offense committed a single mistake; (b) deposited a total of KRW 270 million for the victims; and (c) repaid an additional KRW 10 million for the victims; and (d) the Defendant’s age, character and conduct; (b) the motive, means and consequence of each of the instant offenses; and (c) the motive, means and consequence of each of the instant offenses; and (d) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the offense, the lower court’s punishment is deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

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

(However, the court below's 5th 6, 7th 6 and 7th 7th 'suspect' is clear that it is a clerical error of "defendant", and thus, it is corrected ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure.

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