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(영문) 대구지방법원 2014.07.18 2013노3603
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended sentence, two years of probation, and community service order) is too unhued and unreasonable.

2. The judgment of the court below seems to have committed fraud by forging documents and using them in relation to duties while serving in the position of legal affairs. The defendant was sentenced to imprisonment for six months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and committed the first crime in the judgment of the court below without being aware of it during the suspension period, and did not agree with the victims, disadvantageous circumstances such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes). The scope of recommendations in the Supreme Court sentencing guidelines for each of the crimes of this case [basic crime: types 1 (10 million won, aggravated punishment for the same kind, aggravated punishment for the same kind of crime), aggravated factors - punishment for each of the crimes of this case] are 1 to 2 years and 6 months. However, the defendant is deemed to have committed all of the crimes of this case, there is no history of punishment for the same kind of crime, and there is no reason to view the prosecutor's allegation that the above sentencing conditions of this case are too unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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