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(영문) 대구지방법원 2017.06.16 2017노1531
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of public trial-oriented and directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The following: (a) the Defendant’s and the prosecutor’s unfair reasoning of sentencing together with the Defendant’s wrongful assertion of sentencing; (b) the Defendant was sentenced to suspended sentence for a crime of fraud under which he was allocated tax-free attention without any fact that he was actually engaged in fisheries; (c) the Defendant’s repeated criminal acts under the same number of laws; (d) the period of punishment was used for a new crime by abusing another subsidized project for which the fishermen are engaged; (d) the period of crime was relatively long; (e) the Defendant’s family relationship was considerably long; and (e) the Defendant’s act of embezzlement and the Defendant’s equipment favorable to the Defendant, etc.

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