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(영문) 대구지방법원 2017.05.18 2017노533
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

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

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

The lower court: (a) took into account the fact that the amount of fraud and the money used for gambling is considerably high; (b) most of the money used for gambling appears to be the money obtained by defraudation through fraud; (c) most of the damage was not recovered; and (d) the fact that the victims were unable to agree with the victims; and (c) given favorable consideration to the fact that the Defendant recognized all of the instant crimes, the lower court sentenced the above punishment

In full view of the circumstances that take into account the unfavorable circumstances as above, and the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, means and consequence, etc., and all the conditions of the punishment as shown in the record and pleading, the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be deemed too somewhat less or unreasonable, and thus, each of the unfair arguments of sentencing by the prosecutor and the Defendant is without merit.

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

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