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(영문) 대구지방법원 2018.02.02 2017노5522
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unhued and unreasonable.

2. The judgment of this case is an unfavorable circumstance, such as the following: (a) the Defendant acquired a cell phone from which the victim lost and a credit card duplicate, and embezzled it without returning it; and (b) deceptions the operator or employee of the above store by deceiving the operator or employee of the store by presenting the above credit card as if he had a legitimate right to use it; (c) the use of the lost credit card is not sufficient to commit the crime; (d) the Defendant did not agree with the victims; and (e) the Defendant appears to have failed to endeavor to recover from the victims’ damage; and (e) the Defendant committed each of the crimes of this case without being aware of the history of punishment for the same kind of crime, such as fraud or theft, even though he had been punished, etc.

However, in light of the favorable circumstances, such as the Defendant’s confession of each of the instant crimes and the fact that some of the instant fraud crimes reflects the mistake, the amount of damage caused by each of the instant crimes is not large, and the Defendant appears to be in an economically difficult situation, and other factors of sentencing indicated in the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence, and the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair as it is deemed unfair.

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

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