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(영문) 대구지방법원 2014.05.30 2014노404
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (hereinafter referred to as a fine of KRW 12 million) 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 following circumstances are unfavorable: (a) the sum of damages is KRW 12,700,000,000; and (b) the Defendant is not good by taking out unnecessary hospitalized treatment through multiple occasions; and (c) the Defendant is not good.

On the other hand, all of the crimes of this case are favorable circumstances, such as the fact that the defendant made a confession of all of the crimes of this case and reflects the mistake, that the defendant agreed with 9 victim insurance companies, and made efforts to recover damage by depositing all the amount of damage for the remaining victims who have not been agreed, that the defendant has no penal power other than twice a fine due to drinking driving, and that the defendant has a mother to support the defendant.

In addition, considering the overall sentencing conditions, such as the age, character and conduct, environment, 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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