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(영문) 대구지방법원 2020.04.29 2020노310
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 prosecutor by the court below (one year and two months of imprisonment) is too unhued and unjust.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We also examine the judgment and the Defendant’s respective arguments on unreasonable sentencing.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The number of victims is six, and the amount of defraudation exceeds KRW 120 million but is not repaid for damage, E who is the complainant wants to be punished with strict punishment, one fine due to the fraud, and two times the suspended sentence of imprisonment, etc. are disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant recognized a crime; and (b) the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime; (c) means and consequence of the crime; and (d) all the conditions of sentencing as shown in the instant records and arguments, there is no circumstance that the lower court’s sentence of the Defendant is deemed appropriate and that the lower court’s judgment exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain it as it is.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.

However, the prosecutor and the defendant's above assertion are without merit, since they cannot be deemed improper because they are too large as alleged by the defendant.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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