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(영문) 대구지방법원 2018.01.19 2017노2452
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (exemption from punishment) is too unfluent and unfair.

2. The crime of this case was committed by deceiving the victim to the effect that the defendant would bring the victim's children into the regular team and take them into account, and the nature of the crime is not good, and the defendant committed the crime of this case without being aware of the records of punishment several times due to the same crime, even though he had been punished several times, etc.

However, the fact that the defendant led to the confession of the crime of this case and the mistake is against the victim, the victim does not want the punishment of the defendant by the agreement with the victim. The crime of this case is a concurrent crime between the crime of this case and the crime of this case which became final and conclusive first, and the case and equity should be considered at the same time in the relation of the concurrent crimes after Article 37 of the Criminal Act, and the fact that the health status of the

Considering the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, it cannot be deemed unfair because the sentence imposed by the lower court is uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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