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(영문) 대구지방법원 2019.07.16 2019노1545
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

All of the crimes of this case are recognized by the defendant, and the fact that some victims have returned the amount of damage is favorable to the defendant.

On the other hand, after the defendant completed the execution of punishment due to special larceny, the defendant committed each of the crimes of this case during the repeated crime period.

The defendant did not pay damages to the majority of victims.

These points are disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to have been unfair to maintain the sentencing judgment of the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing is without merit.

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

(However, it is clear that the “700,000 won” in the third place of the judgment below is a clerical error of “70,000 won”, and thus, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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