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(영문) 대구지방법원 2016.12.16 2016노4264
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below is too unfased and unreasonable.

2. The amount obtained by deception by the accused is not so much, and the victim seems to have suffered a considerable mental or economic pain, and the damage was not properly recovered until the trial is affirmed.

However, all of the crimes of this case are recognized by the Defendant, and there is no record of criminal punishment for the last ten years.

In other words, the defendant does not refrain from committing such a crime, and makes efforts to pay damages in the future.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, and criminal records, it is not recognized that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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