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(영문) 대구지방법원 2019.06.14 2018노4638
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of all of the sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the court below is too heavy or unreasonable, and thus, it cannot be deemed that the prosecutor and the Defendant’s aforementioned assertion are too unreasonable, on the grounds that the Defendant’s punishment is too excessive or unreasonable. The prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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