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(영문) 대구지방법원 2016.06.15 2015노4369
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two months of imprisonment, one year of suspended execution, one year of protection observation) is too unreasonable.

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

2. The judgment of the Defendant recognized the instant crime and is against the Defendant, and repaid all the amount of damage to the victim, and the amount of damage is not so significant.

In addition, the mother of the defendant appeals to the defendant's prior domicile, and the defendant seems to have been employed in the workplace after the crime of this case.

However, despite the fact that the Defendant had been punished several times by a fine due to a crime under the same law, the crime of this case has been committed again under the same law, and the nature of the crime is not less than that of this case.

In addition, the lower court seems to have determined the punishment by fully taking into account the favorable circumstances of the Defendant.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence imposed by the lower court is too heavy or is deemed unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion 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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