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(영문) 대구지방법원 2015.11.19 2015노3445
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 (six months of imprisonment) is too unreasonable.

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

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized all of the instant crimes; and (b) reflects his mistake; (c) the amount of damage by each victim is relatively minor; and (d) some victims paid and agreed to pay the amount equivalent to the amount of damage.

On the other hand, even though the defendant had been punished for the same crime, he/she committed each of the crimes of this case again during the suspended execution period, and committed repeatedly against many and unspecified persons, etc. are disadvantageous to the defendant.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that are the sentencing as shown in the instant records and pleadings, it cannot be deemed that the sentence imposed by the lower court is heavy or unreasonable.

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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