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(영문) 대구지방법원 2019.05.24 2019노1175
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (the punishment Nos. 1 through 6 of the original judgment, Nos. 13 attached Table Nos. 15 through 18 of the judgment: Imprisonment with prison labor for one year, crimes Nos. 7 through 12 of the judgment of the court below, and crimes Nos. 2 through 5 of the attached Table No. 13 of the judgment of the court below, and crimes Nos. 14 and 19 of the judgment of the court below: Imprisonment with prison labor for one year and six months) is too unreasonable.

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

2. The judgment has already served five times or more including a suspended sentence of one time due to fraud, special larceny, etc., and the judgment of two years of suspended execution was finalized on July 5, 2018. It is recognized that the defendant was under trial or committed the instant crime during the suspended execution period, and that he did not faithfully perform community service and probation orders during the suspended execution period, and that he did not agree with the rest of the victims except for AM among the victims of this case.

However, if the defendant acknowledges all of the crimes in this case and there is no criminal conviction against the defendant, if the sentence of this case becomes final and conclusive, the sentence of six months sentenced to the above suspended sentence should be additionally imposed against the defendant, the crimes in the attached list 1 through 6, the crimes in the attached list 13 (2), and the crimes in the attached list 15 through 18 in the judgment of the court below, the crimes in the above crimes in which the two-year suspended sentence was finalized on July 5, 2018 and the latter concurrent crimes in the latter part of Article 37 of the Criminal Act shall be considered at the same time in relation to the above crimes in which the two-year suspended sentence was decided on July 6, 2018, the facts that the defendant agreed with AM among the victims, the fact that the defendant has been growing in an unsound environment, and the fact that the sentence is still 21

In addition, various circumstances and the judgment of the court below which are conditions for sentencing, such as the character, character, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.

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