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(영문) 대구지방법원 2014.10.31 2014노1465
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime is disadvantageous to the Defendant, including the following: (a) the Defendant, by deceiving the victim who is the parents of the examinee, by deceiving the victim; and (b) the Defendant was not guilty of the nature of the crime; and (c) the Defendant was guilty of the suspended sentence due to the same kind of crime

On the other hand, the fact that the defendant led to the confession of the crime, and made efforts to recover the damage by paying 28 million won out of the amount of damage, etc. is favorable.

In addition, considering all the sentencing conditions, such as the character and conduct, environment, criminal records, and circumstances after the crime of the defendant, since the court below's punishment is too heavy or unreasonable, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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