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(영문) 대구지방법원 2013.08.13 2013노1563
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the grounds of appeal in light of the fact that the number of crimes in this case is high and the nature of the crime is not good, the punishment sentenced by the court below against the defendant (two months of imprisonment) is too unfasible and unfair.

2. The judgment of the Defendant repeatedly committed the crimes under the same law, and there are many previous and previous crimes. In particular, the Defendant committed the instant crime without being aware of the repeated crime due to the same criminal act during the repeated crime period, and did not agree with the victims, etc. are disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the amount of fraud of the crime of this case is minor, the fact that the defendant seriously reflects the error, and the fact that equity should be considered with the case of judgment at the same time as the crime of fraud already finalized.

In this context, considering the various circumstances shown in the records and arguments such as the character, character, environment, etc. of the defendant, since the sentence imposed by the court below cannot be deemed unfair because it is too uneasible, the prosecutor's above assertion

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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