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(영문) 대구지방법원 2018.06.22 2018노1133
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (6 months of imprisonment with prison labor for the crimes No. 1 and No. 2 in the holding of the lower court, and 3 and No. 4 in the holding of the lower court) is too unreasonable.

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

2. The Defendant, as stated in the first head of the crime committed in the judgment below, committed the crimes of the same kind No. 1 and No. 2 again, even though he was sentenced to a punishment for fraud, as stated in the judgment below.

After the sentence of the above sentence, the defendant was sentenced to a fine separately between the date and time of the above crime.

The victims' property damage was not recovered even in the name of approximately KRW 94 million in total.

The defendant showed a bad attitude such as failing to appear voluntarily in the investigation process or trial process.

These points are disadvantageous to the defendant.

The fact that the defendant recognizes the crime is favorable to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and in the case of crimes Nos. 3 and 4 of the judgment of the court below, the equity in the case of being tried together with the first head of the judgment of the court below should be considered, and considering all of the sentencing conditions stated in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc., the punishment imposed by the court below is too weak or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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