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(영문) 대구지방법원 2016.05.27 2016노1173
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (each of the crimes in the holding No. 1: Imprisonment with prison labor for one month and each of the crimes in the holding No. 2: imprisonment with prison labor for four months) that the court below made is too unhued and unreasonable.

2. Although it is recognized that the defendant had a history of criminal punishment twice for the same crime of fraud and six times of fines, etc., the defendant has been subject to punishment on the other hand, on the other hand, it is recognized that the defendant recognized all the facts charged of this case and reflects the wrongness, and in the case of each of the crimes of Article 1 of the judgment of the court below, the punishment should be determined in consideration of equity between the first head and the crime of the judgment of the court below which became final and conclusive, and in particular, the defendant seems to have reached a unanimous agreement with the victim when considering all the conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the 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, and it is so decided as per Disposition.

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