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(영문) 대구지방법원 2013.09.06 2013노2154
상습사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and three months) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. It seems that the Defendant was difficult to grow up in a bad environment to form a moral sense, the amount of damage is not much equivalent to approximately KRW 7.8 million, and the Defendant appears to be 26 years of age to be able to sufficiently improve in the future. This is a favorable sentencing factor.

B. The Defendant committed the instant crime during the period of repeated crimes, which had the same criminal records and two times (one suspended sentence, one time suspended sentence), six previous criminal records and two previous criminal records (one time sentenced to a fine), and has not been restored, and the Defendant did not endeavor to recover from damage. The Defendant deceiving the sale of used goods via the Internet to acquire money from many unspecified persons, which is not the quality of such crime, and the Defendant escaped while being investigated by the police is an unfavorable sentencing factor.

C. In full view of each of the above sentencing factors, the lower court’s punishment is too heavy or unreasonable as it is deemed unreasonable in light of the following circumstances, such as the Defendant’s character and conduct, the motive, means, and method of the instant crime, and the circumstances after the crime.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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