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(영문) 대구지방법원 2016.12.15 2016노1408
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended execution, and one hundred hours of community service) of the lower court is deemed to be too unfasible and unfair;

2. Determination of the degree of damage (amounted to 47.9 million won) caused by the instant crime is not small, the Defendant did not reach an agreement with the victim, and the Defendant has been sentenced to three times of punishment for the Defendant, which is disadvantageous to the Defendant.

On the other hand, the defendant confessions all of the crimes of this case at an investigative agency and reflects them, and the defendant has no record of punishment for the same crime as the crime of this case, and the defendant does not seem to have led the crime of this case, etc. are favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the records and arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

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.

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