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(영문) 대구지방법원 2019.06.28 2019노1436
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (four months of imprisonment) is too unhued and unfair.

2. In light of the details and methods of each of the instant fraud crimes, the crime is not good in light of the following: (a) the Defendant’s blood alcohol concentration higher than 0.145% in this case; (b) the Defendant’s control by drinking driving, which led to the Defendant’s use of another’s resident registration number or forgery of signature; (c) the Defendant did not agree with two victims of the fraud; and (d) the Defendant had already been punished twice for drinking driving and once for fraud.

However, it is recognized that there is a family member to support the defendant in this case, since all of the crimes in this case are recognized and against all of the crimes in this case, the damage amount of fraud in this case is not significant as a total of 4.20,000 won, and each of the crimes in this case is about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) in the judgment of the court below that became final and conclusive on October 23, 2018 and the latter concurrent crimes under the latter part

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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